AC41208 - One Elmcroft Stamford, LLC v. Zoning Board of Appeals
("The
plaintiff, One Elmcroft Stamford, LLC, appeals from the judgment of the
Superior Court denying its appeal from the decision of the defendant Zoning
Board of Appeals of the City of Stamford (board), approving the application of
the defendant Pasquale Pisano (defendant) to locate the defendant used car
business, Pisano Brothers Automotive, Inc. (Pisano Brothers), at 86 Elmcroft
Road in Stamford. On appeal, the plaintiff claims that the court improperly (1)
determined that the defendant had standing to apply to the board for approval
of the application, (2) upheld the board's decision, despite the board's
failure to review the application in accordance with General Statutes ยง 14-55,
and (3) searched beyond the board's stated reason for approval of the application.
We disagree with the plaintiff's first claim but agree with the plaintiff's
second and third claims. Accordingly, we reverse the judgment of the Superior
Court.")