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eBook details

• Title: Faubel v. Zoning Commission
• Author : Supreme Court of Connecticut
• Release Date : January 10, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The town of Ridgefield is zoned under
the authority of what is now chapter 124 of the
General Statutes. Summ v. Zoning Commission,
150 Conn. 79, 81, 186 A.2d 160. The zoning act provides
for eight types of residence zones, one type
each for business and light industry, and includes
a provision allowing research and development laboratories,
by special permit, in any part of the
town. Ridgefield Zoning Regs. 3-13 (1961). On July
8, 1963, a petition was presented to the defendant
zoning commission, hereinafter referred to as the
commission, seeking the creation of a new light
industrial park zone and a rezoning of the
petitioners' land from its existing residence
restrictions to the proposed new zone. The
petitioners' land was subject to the second
highest residential restriction permitted among
the eight different residence zones. 4. Following
a hearing at which there was extensive opposition,
the commission, on December 19, 1963, voted to
amend the zoning regulations to include the
proposed light industrial park zone and to
reclassify the petitioners' land to that zone. The
plaintiffs own land in, adjacent to, or in the
immediate vicinity of the rezoned area. They
appealed to the Court of Common Pleas on the
ground that the commission had, in nine
particulars, acted illegally, arbitrarily, and in
abuse of its discretion. The court sustained the
appeal, and from that decision the commission has
taken this appeal. Error is assigned in the
conclusions of the court that before the property
could be rezoned there must be proof either
of a mistake in the original zoning or that [154 Conn. 204]
the character of the neighborhood had changed to
such an extent that a reclassification of the
property ought to be made, that the record before
the commission did not support the commission's
conclusion that the change was in the public
interest, and that the change adopted did not
contain sufficient standards to meet the requirements
of the statutes, and in that the court substituted
its own judgment for that of the zoning authority.

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