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eBook details

• Title: Pierrepont v. Zoning Commission
• Author : Supreme Court of Connecticut
• Release Date : January 25, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The defendant zoning commission,
after a public hearing, amended the Ridgefield
zoning regulations to include a new residence R5-1
zone and granted a change of zone affecting
approximately thirty-three acres from residence
R-1 to the new residence R5-1. At the time of the
change of zone, permitted uses in a residence R-1
zone included one-family and two-family residences
on a minimum lot of one acre, resident
professional offices, farming establishments,
customary home occupations, church facilities,
parks and municipal buildings, and schools.1
Ridgefield Zoning Regs. 5 (1961). The new
residence R5-1 zone, in addition to the uses
allowed in a residence R-1 zone, permits the
construction of two-story garden-style apartment
buildings, subject to special requirements such as
setbacks, maximum land usage, floor area of the
dwelling units, and parking facilities. The
plaintiffs, who own property in the immediate
vicinity, appealed to the Court of Common Pleas,
claiming that the action of the commission, on
several specific grounds, was illegal, arbitrary
and in abuse of the commission's discretion. A
prospective developer, Jerry Tuccio, claiming to
own a substantial portion of the rezoned property,
was allowed to intervene as a party defendant. The
present appeal has been taken by the plaintiffs
from a judgment dismissing their appeal in the
Court of Common Pleas. The plaintiffs have raised three claims on appeal.
The first is that the commission's action in granting
the change of zone was inconsistent with the town's
comprehensive plan and was not shown to have been [154 Conn. 466]

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