Opinion
Argued January 7, 1949
Decided March 15, 1949.
Action for a declaratory judgment determining the validity of certain zoning regulations as applied to the plaintiffs, brought to the Superior Court in Fairfield County and tried to the court, O'Sullivan, J.; judgment for the defendant and appeal by the plaintiffs. No error.
James O. Shea and Clarence A. Hadden, with whom, on the brief, was William E. Allen, Jr., appeared for the appellants (plaintiffs).
Pierce J. Gerety appeared for the appellee (defendant).
The plaintiffs sought a declaratory judgment determining that the 1500-foot limitation relating to liquor outlets contained in the Fairfield zoning regulations is illegal and void, and affirmative relief. The Superior Court rendered judgment for the defendant, and the plaintiffs have appealed.
The single issue is essentially the same as the first one considered in Miller v. Zoning Commission, reported immediately before the present case, and is governed by the decision in that case and by State ex rel. Wise v. Turkington, 135 Conn. 276, 63 A.2d 596.