Williams v. Planning Zoning Commission

Full title: GLORIA V. WILLIAMS ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF…

Court: Appellate Court of Connecticut

Date published: Apr 14, 1987

523 A.2d 931 (Conn. App. Ct. 1987)

523 A.2d 931

Opinion

(4869)

Submitted on briefs February 3, 1987

Decision released April 14, 1987

Appeal from the decision of the defendant conditionally approving the plaintiffs' resubdivision application, brought to the Superior Court in the judicial district of Litchfield and tried to the court, Maloney, J.; judgment sustaining, in part, the plaintiffs' appeal, from which the defendant appealed to this court. No error.

Thomas P. Byrne filed a brief for the appellant (defendant).

David M. Cusick filed a brief for the appellee (plaintiff).

PER CURIAM.

In this zoning case, we granted the petition of the defendant, the Norfolk planning and zoning commission, to appeal from the judgment of the trial court. That judgment, inter alia, sustained the appeal of the plaintiffs from the action of the defendant imposing an access restriction on its approval of the plaintiffs' application for a subdivision. Upon full consideration, we are convinced that the trial court was correct in holding that this case is controlled by Park Construction Co. v. Planning Zoning Board of Appeals, 142 Conn. 30, 38-40, 110 A.2d 614 (1954). See also Daviau v. Planning Commission, 174 Conn. 354, 359 n. 3, 387 A.2d 562 (1978).