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Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC40710 - Patty v. Planning & Zoning Commission ("The plaintiffs . . . appeal from the judgment of the trial court dismissing their appeal from the decision of the defendant Planning and Zoning Commission of the Town of Wilton (commission), granting the application of the defendant Wilton Youth Football, Inc., for an amendment to an existing special permit and for site plan approval to allow the installation of an artificial turf field at the Middlebrook School in Wilton. On appeal, the plaintiffs claim that the court improperly concluded that the commission's approval did not include prohibited trailers on the property. Specifically, the plaintiffs claim that the only evidence in the record before the commission was that the defendant's application included trailers that were prohibited by ยง 29-4.C.9 of the Wilton Zoning Regulations (regulations). Our review of the record reveals that the plaintiffs failed to raise this claim before the commission, and, accordingly, we decline to review it.")