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Land Use Law Appellate Court Opinion

by Zigadto, Janet

 

AC41208 - One Elmcroft Stamford, LLC v. Zoning Board of Appeals ("This administrative appeal returns to us on remand from our Supreme Court. One Elmcroft Stamford, LLC v. Zoning Board of Appeals, 337 Conn. 806, 256 A.3d 151 (2021) (Elmcroft II). In One Elmcroft Stamford, LLC v. Zoning Board of Appeals, 192 Conn. App. 275, 283–89, 217 A.3d 1015 (2019) (Elmcroft I), rev'd, 337 Conn. 806, 256 A.3d 151 (2021), this court concluded, inter alia, that General Statutes (Rev. to 2003) § 14-55 had not been repealed and required the defendant Zoning Board of Appeals of the City of Stamford (board) to consider the suitability of the location in question as a prerequisite to the granting of a certificate of location approval in accordance with General Statutes § 14-54. Following its grant of certification to the defendants, Pisano Brothers Automotive, Inc., and Pasquale Pisano; see One Elmcroft Stamford, LLC v. Zoning Board of Appeals, 333 Conn. 936, 218 A.3d 594 (2019); the Supreme Court concluded, as a matter of law, that § 14-55 had been repealed by Public Acts 2003, No. 03-184, § 10. See One Elmcroft Stamford, LLC v. Zoning Board of Appeals, supra, 337 Conn. 809–10. The court thus reversed the judgment of this court and remanded the matter to us with direction to consider the remaining claims of the plaintiff, One Elmcroft Stamford, LLC. See id., 826.

In accordance with that order, we now consider whether the Superior Court properly rejected the plaintiff's claims that the board (1) lacked subject matter jurisdiction to hear the application due to defective legal notice, (2) violated the plaintiff's right to fundamental fairness in administrative proceedings, (3) applied an improper legal standard in granting the certificate of location approval, and (4) failed to 'consider or distinguish' a prior denial of a certificate of approval application for the location in question. We affirm in part and reverse in part the judgment of the Superior Court.")

  • AC41208 Concurrence & Dissent - One Elmcroft Stamford, LLC v. Zoning Board of Appeals