[Download] "Senior v. Zoning Commission" by Supreme Court of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Senior v. Zoning Commission
- Author : Supreme Court of Connecticut
- Release Date : January 23, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The plaintiff owns a tract of 436 acres
in New Canaan in a residence zone. The lots in the
tract were required to have a minimum area of two
acres. The zone, consisting of over 4000 acres,
embraces the entire northerly portion of the
town. The land is heavily wooded, hilly, and at
present comprises only a little over 600 separate
parcels. Six per cent of the Zone is occupied by
reservoirs supplying water to nearby municipalities.
It is a semi-rural area of natural beauty and has
neither water nor sewer services. Effective December
1, 1956, the defendant amended the zoning regulations
by upgrading the zone so as to require a minimum lot
area of four acres. The plaintiff claims to have
contemplated a real estate development of two-acre
lots. His basic contention on the appeal to this
court is that the action of the commission in
upgrading the area was unreasonable, arbitrary
and illegal. He succeeded in persuading the court
below to reverse the action of the commission. Since there has been no intervening amendatory
legislation, for convenience references will be
made to the General Statutes, Revision of 1958.
Pursuant to the requirement of 8-3, the statute
authorizing zone changes, the commission stated
"upon its records the reason why such change is
made." In this case several reasons were given.
There is nothing in the proposed upgrading which
appears inconsistent with the provisions of 8-2
setting forth the considerations which the
commission must have before it in enacting
zoning regulations.1 The burden
[146 Conn. 534]