[Download] "Rosenberg v. Planning Board" by Supreme Court of Connecticut ~ Book PDF Kindle ePub Free
eBook details
- Title: Rosenberg v. Planning Board
- Author : Supreme Court of Connecticut
- Release Date : January 19, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The defendant Edward H. Benenson owns approximately
thirty-five acres of unimproved land in Stamford on
which he desires to construct office and laboratory
buildings. Benenson's land is presently designated
in the city's master plan as "Residential Single Family
Plots Less Than One Acre." It is also zoned for that
use on the city's zoning map. A change in the zone
classification is necessary before the land can be
put to the contemplated use. The Stamford municipal
charter provides that the zoning map cannot be amended
by the zoning board "to permit a use in any area which
is contrary to the general land use established for
such area by the master plan." Stamford Charter 552;
26 Spec. Laws 1234 552; Huhta v. Zoning Board
[155 Conn. 638]
of Appeals, 151 Conn. 694, 698, 202 A.2d 139.
Consequently, Benenson took the preliminary step
to obtaining a change of zone by requesting the
planning board in July, 1964, to change his
property's designation in the master plan from
"Residential Single Family Plots Less Than One
Acre" to "Designed Commercial or Industrial Parks."
After a public hearing, the planning board decided
to grant his request. The plaintiffs, who are the
owners of property in proximity to Benenson's land,
appealed this decision to the Court of Common Pleas,
which sustained their appeal. From the judgment of
the Court of Common Pleas, the defendants appealed
to us. The plaintiffs have filed a cross appeal.