The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC42973 - South Windsor v. Lanata (Zoning; "The defendant . . . appeals from the judgment of the trial court rendered in favor of the plaintiffs, the town of South Windsor (town) and its zoning enforcement officer . . . . On appeal, the defendant claims (1) that a February 24, 2017 cease and desist order was unconstitutionally vague as to the conduct to which it applied, (2) that the court erred in failing to conclude that she was justified in not complying with the February 24, 2017 cease and desist order on the basis that she had been instructed by both the police and her insurer not to touch or remove any of the personal property located in the backyard of her property, and (3) that the court misapplied General Statutes ยง 8-12 in assessing a fine for wilful violation of the town's zoning regulations. We conclude that the court abused its discretion in imposing a fine for a zoning violation that covered a time period during which she was under orders not to disturb the property. Accordingly, we reverse the decision of the trial court as to count two of the plaintiffs' complaint, which alleges the zoning violation, and remand for a new trial on that count. . . .the judgment is affirmed in all other respects.")