Posted by: Patricia Salkin | February 20, 2016

CT Supreme Court Finds Certification was Improvidently Granted for Special Permit

This case arose from a decision of the Appellate Court to affirm the judgments of the trial court sustaining the land use appeals of the plaintiff, Villages, LLC. In this case, the defendant, Enfield Planning and Zoning Commission (“Enfield”), appealed on the court’s grant of its petitions for certification, from the judgment of the Appellate Court. Enfield contended that the Appellate Court improperly upheld the trial court’s determination that Enfield’s decisions to deny the plaintiff’s applications for a special use permit and an open space subdivision permit were not “honest, legal, and fair” because one of its commissioners was biased against the plaintiff, and had engaged in improper ex parte communications concerning the applications. After reviewing the record, the court found that the appeals in these cases should be dismissed on the ground that certification was improvidently granted.

Villages, LLC v. Enfield Planning and Zoning Com’n, 320 Conn. 89 (CT 12/29/2015)

 


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