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(DOWNLOAD) "Mills v. Town Plan & Zoning Commission" by Supreme Court of Connecticut ~ eBook PDF Kindle ePub Free

Mills v. Town Plan & Zoning Commission

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eBook details

  • Title: Mills v. Town Plan & Zoning Commission
  • Author : Supreme Court of Connecticut
  • Release Date : January 15, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

The plaintiffs appealed to the Court
of Common Pleas from the action of the defendant
town plan and zoning commission in granting a
change in the comprehensive plan of development
of the town of Windsor and a change of zone of
certain property from agriculture to business 2.
From the judgment of the trial court sustaining
the appeal, the defendants have appealed to this
court. Two questions only are involved in the
determination of this appeal. First: Are the
plaintiffs "aggrieved" so as to be entitled to
appeal? Second: Did the commission have the legal
right to change the plan and the zone within a
comparatively short time after it had denied a
similar application? Christensen Brothers and Jepsen, a partnership,
is the owner of nineteen acres of land on the
northeast corner of Windsor Avenue and South
Meadow Road, five acres of which, abutting Windsor
Avenue, are zoned for business. The remaining
fourteen acres are in an agricultural zone. On
March 7, 1956, the commission by a unanimous vote
denied an application to change the comprehensive
plan and to change the zone of these fourteen
acres from agriculture to B-2 to permit the
establishment of a local shopping center. The
principal reasons, among others, given by the
commission for this action were that the major
portion of the land is subject to flooding and had
been flooded on three occasions, the latest in
1955, and that the land in the area already zoned
for business is adequate. On March 29, 1956, the
owners filed another application for a change in
the comprehensive plan and a change in zone from
agriculture to B-2. The only difference between this
application and the one denied on March 7 is the
recital that the change sought was to "regional
shopping area or center (B II)." The zoning
[145 Conn. 240]


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