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Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC45200 - 9 Pettipaug, LLC v. Planning & Zoning Commission ("In this certified zoning appeal, we consider whether a zoning body has complied with the statutory notice requirement in General Statutes § 8-3 (d) if it published notice in a newspaper that had no subscribers in the relevant municipality but was available on the Internet. The defendant, the Planning and Zoning Commission of the Borough of Fenwick, appeals from the summary judgment of the Superior Court rendered in favor of the plaintiffs, 9 Pettipaug, LLC, and Eniotna, LLP, holding that the defendant's zoning amendment was invalid because the defendant failed to comply with the applicable statutory notice requirement. On appeal, the defendant claims that the court improperly (1) determined that the defendant failed to satisfy the 'substantial circulation' component of the notice requirement in § 8-3 (d), and (2) shifted the burden of proof to the defendant. We affirm the judgment of the Superior Court.")