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Land Use Law Appellate Court Opinion

by Zigadto, Janet

 

AC45082 - Kerlin v. Planning & Zoning Commission ("The plaintiff, Norma Kerlin, appeals from the judgments of the trial court dismissing her appeals from (1) the decision of the defendant Planning and Zoning Board of Appeals of the Town of Greenwich (board), in which the board upheld the decision of the defendant Planning and Zoning Commission of the Town of Greenwich (commission) to approve an application for a subdivision and (2) the decision of the commission to approve two applications for coastal area management (CAM) site plans. The subdivision application and the two CAM applications were submitted to the commission by the defendant Palmer Island, LLC (applicant). The plaintiff, who lives near the subject property, claims that the court erred (1) in upholding the commission's approval of the CAM site plan applications, misinterpreting a regulation and misapplying it to the facts before it, and (2) in upholding the two lot subdivision and the CAM site plan application approvals in the absence of evidence that the board or commission considered the impacts of the right-of-way on coastal resources. We affirm the judgments of the trial court.")