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Land Use Law Supreme Court Slip Opinion

by Townsend, Karen

 

SC20839 - Wihbey v. Zoning Board of Appeals (“In this certified appeal, we must decide whether a zoning regulation that permitted the use of a property as a single-family dwelling allowed the owner to rent the property on a short-term basis. The plaintiff, Frances Wihbey, was ordered to cease and desist from renting his property to guests on a short-term basis by the Pine Orchard Association zoning enforcement officer. The plaintiff appealed to the defendant, the Zoning Board of Appeals of the Pine Orchard Association (board), which upheld the cease and desist order. The plaintiff then appealed to the trial court, which reversed the board’s decision. The board and the intervening defendants, Michael B. Hopkins and Jacqueline C. Wolff, appealed from the trial court’s judgment to the Appellate Court, which affirmed in part and reversed in part the trial court’s judgment. See Wihbey v. Zoning Board of Appeals, 218 Conn. App. 356, 396, 292 A.3d 21 (2023). We then granted the defendants’ petition for certification to appeal, limited to the following issue: ‘Did the Appellate Court correctly conclude that short-term rentals of a single-family dwelling constituted a permissible use of the subject property under the 1994 Pine Orchard Association zoning regulations?’ Wihbey v. Zoning Board of Appeals, 346 Conn. 1019, 1020, 292 A.3d 1254 (2023). We affirm the judgment of the Appellate Court.”)