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Land Use Law Supreme Court Slip Opinion

by Zigadto, Janet


SC20393 - One Elmcroft Stamford, LLC v. Zoning Board of Appeals ("The dispositive issue in this appeal is whether the suitability analysis mandated by General Statutes (Rev. to 2003) § 14-55 is still required in order to obtain a certificate of approval of the location for a used car dealership, notwithstanding the fact that subsequent revisions of the General Statutes list that provision as having been repealed. The plaintiff, One Elmcroft Stamford, LLC, filed an administrative appeal challenging the decision of the defendant Zoning Board of Appeals of the City of Stamford to grant a certificate of approval of the location for a used car dealership run by the defendants Pasquale Pisano and Pisano Brothers Automotive, Inc. After the trial court rendered judgment denying the administrative appeal, the plaintiff appealed to the Appellate Court, which reversed the trial court's judgment. See One Elmcroft Stamford, LLC v. Zoning Board of Appeals, 192 Conn. App. 275, 277–78, 217 A.3d 1015 (2019). The defendants, following our grant of certification, now appeal to this court. On appeal, the defendants claim that the Appellate Court incorrectly concluded that § 14-55 continues to carry the force of law. In response, the plaintiff contends that the Appellate Court correctly concluded that § 14-55 was not repealed by a sequence of contradictory public acts relating to that statute that were passed by the legislature in 2003. For the reasons that follow, we conclude that § 14-55 has been repealed and, accordingly, reverse the judgment of the Appellate Court.")