Opinion
03-05-2024
HIGH WATCH RECOVERY CENTER, INC. v. PLANNING AND ZONING C
Michael A. Zizka, Hartford, in support of the petition. Christopher J. Smith, in opposition.
Michael A. Zizka, Hartford, in support of the petition.
Christopher J. Smith, in opposition.
The defendant’s petition for certification to appeal from the Appellate Court, 223 Conn. App. 424, 308 A.3d 1060 (2024), is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that the plaintiff had a legal right to erect a 2100 square foot greenhouse as a nonconforming clinical use when it (1) was intended to be accessory to the use of a separate lot, and (2) would change a seasonal nonconforming use of property to a year-round use?
"2. Did the Appellate Court correctly conclude that the plaintiff had a right to erect a structure not shown in an approved special permit site plan even though the special permit use was no longer allowed in the zone where the property was located?"