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Land Use Law Supreme Court Opinion

by Booth, George


SC20237, SC20238, SC20239 - Lime Rock Park, LLC v. Planning & Zoning Commission (Zoning; Whether General Statutes § 14-164a Preempts Zoning Regulation of Days and Hours of Motor Vehicle Racing; "These appeals arise from the adoption by the defendant, the Planning and Zoning Commission (commission) of the Town of Salisbury (town), of certain amendments to the town's zoning regulations restricting motor vehicle racing activities on property owned by the plaintiff, Lime Rock Park, LLC. The plaintiff appealed to the trial court from the adoption of the amendments. Thereafter, the intervening defendant, Lime Rock Citizens Council, LLC (council), filed a motion to intervene in the appeal, which the trial court granted. After a trial to the court, the court sustained the plaintiff's appeal in part and dismissed it in part. All three parties appealed from the decision, raising numerous claims. We conclude that the trial court incorrectly (1) sustained the portion of the plaintiff's appeal claiming that the provision of the amended regulations prohibiting racing activities on Sundays was preempted by General Statutes § 14-164a (a), (2) denied the portion of the appeal claiming that the commission lacked the authority to condition the filing of a petition to amend the regulations on obtaining a special permit, and (3) concluded that the amended regulations prohibited racing activities on Saturdays. We further conclude that the trial court correctly (1) determined that the plaintiff did not waive its right to challenge the regulation prohibiting Sunday racing, and (2) denied the portion of the plaintiff's appeal claiming that the amendments' restrictions on unmufflered racing are subject to the provision of General Statutes § 22a-73 (c), requiring the Commissioner of Energy and Environmental Protection to approve municipal noise control ordinances. Accordingly, we affirm in part and reverse in part the trial court's judgment.")