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 Supreme and Appellate Court Opinions

by Zigadto, Janet

 

SC20595 - High Ridge Real Estate Owner, LLC v. Board of Representatives ("The dispositive issue in this appeal is whether the defendant, the Board of Representatives of the City of Stamford (board of representatives), properly considered a protest petition that opposed zoning amendments approved by the Zoning Board of the City of Stamford (zoning board). The plaintiff, High Ridge Real Estate Owner, LLC, filed an application with the zoning board to amend the zoning regulations of the city of Stamford (city). The zoning board approved the zoning amendment. Thereafter, local property owners filed a protest petition pursuant to § C6-40-9 of the Stamford Charter (charter), which opposed the amendment. The board of representatives determined that the protest petition was valid and, thereafter, considered and rejected the amendment. The plaintiff appealed from the decision of the board of representatives to the trial court, claiming that the board of representatives did not have the authority to consider whether the protest petition was valid, and asserting that the petition was not valid because it did not contain the signatures of 'at least [300] landowners' anywhere in the city, as required by § C6-40-9. The trial court sustained the plaintiff's appeal. Although we conclude that the board of representatives did not have the authority to determine the validity of the protest petition, we conclude that it was a valid petition because it contained the requisite number of signatures. Accordingly, we reverse the judgment of the trial court sustaining the plaintiff's appeal and remand the case to that court to determine whether the board of representatives properly rejected the amendment.")

  • SC20595 Concurrence - High Ridge Real Estate Owner, LLC v. Board of Representatives

SC20578 - Strand/BRC Group, LLC v. Board of Representatives ("The dispositive issue in this appeal is whether the defendant, the Board of Representatives of the City of Stamford (board of representatives), had the authority to approve a protest petition that objected to master plan amendments approved by the Planning Board of the City of Stamford (planning board). The plaintiffs, The Strand/BRC Group, LLC, 5-9 Woodland, LLC, Woodland Pacific, LLC, and Walter Wheeler Drive SPE, LLC, filed an application with the planning board to amend the master plan of the city of Stamford (city). Shortly afterward, the planning board filed its own application to amend the city's master plan. After the planning board approved both applications with some modifications, local property owners filed a protest petition under § C6-30-7 of the Stamford Charter (charter). The board of representatives determined that the protest petition was valid and rejected the planning board's approval of the amendments. The plaintiffs appealed from the decision of the board of representatives to the trial court, which sustained the plaintiffs' appeal. We affirm the judgment of the trial court.")

  • SC20578 Dissent - Strand/BRC Group, LLC v. Board of Representatives

AC43209 - Newtown v. Gaydosh ("The defendants, Gary Gaydosh, Barbara Gaydosh, and Justin Gaydosh, appeal from the judgment of the trial court granting the motion for contempt filed by the plaintiffs, the town of Newtown (town) and its zoning enforcement officer, Gary Frenette, for the defendants' alleged violation of a stipulated judgment entered into by the plaintiffs and the defendants and rendered by the court to remedy zoning violations on the defendants' property. On appeal, the defendants claim that (1) the court's finding that they had violated the terms of the judgment was not supported by the evidence and (2) the court abused its discretion with respect to the sanctions imposed as a result of its finding of contempt. We affirm the judgment of the trial court.")