City of Torrington v. Zoning Commission, Harwinton

1 Citing case

  1. Torrington v. Zoning Commission

    261 Conn. 759 (Conn. 2002)   Cited 52 times
    Zoning commission's lack of jurisdiction to waive regulations and enter into court approved settlement was not “entirely obvious” given that it generally “is empowered to determine whether: the proposed use of the property is permitted under the zoning regulations; the standards contained in the regulations are satisfied; and conditions of approval or modifications to the proposal are necessary to protect public health, safety, convenience and property values”

    We granted the plaintiff's petition for certification to appeal, limited to the following issue: "Did the Appellate Court properly conclude that a stipulated judgment in a zone change appeal modified the regulations applicable to a subsequent special use and site plan application?" Torrington v. Zoning Commission, 258 Conn. 907, 782 A.2d 1242 (2001). Despite the formulation of this question, we have determined, as we explain in the text of this opinion, that the appeal is more appropriately analyzed under the rubric of the defendants' alternate ground for affirmance, namely, whether, on the record demonstrated by the present case, the plaintiff was entitled to mount a collateral attack on the stipulated judgment in question.