Posted by: Patricia Salkin | June 24, 2017

CT Supreme Court Finds Property Owners Lacked Standing to Challenge Removal of Historic Barn

Editor’s note: This summary originally appears in Bond Case Briefs and is reposted with permission. See, http://bondcasebriefs.com/2017/06/13/cases/mayer-v-historic-district-commission-of-town-of-groton

Property owners appealed from two decisions of town’s historic district commission that granted adjacent property owners’ application for certificate of appropriateness allowing them to remove portion of historic barn and determined that commission lacked jurisdiction over adjacent owners’ second application for certificate of appropriateness that would have allowed them to alter the barn to create new facade.

The Superior Court dismissed the appeals. Following Appellate Court’s grant of certification to appeal, property owners appealed to Appellate Court, and Supreme Court transferred the appeals.

The Supreme Court of Connecticut held that:

  • Property owners were not statutorily aggrieved under historic district appeals statute and zoning board appeals statute, and thus lacked standing to appeal from decisions of town’s historic district commission, abrogating Peeling v. Historic District Commission of the Town of New Canaan, 2006 WL 3359619;
  • Property owners were not classically aggrieved by decision of town’s historic district commission that allowed adjacent owners to remove portion of historic barn, and thus, owners lacked standing to appeal from the decision; and
  • Property owners failed to plead facts sufficient to demonstrate that they were classically aggrieved by decision of town’s historic district commission that it lacked jurisdiction over adjacent owners’ second application for appropriateness, and thus, owners lacked standing to appeal from the decision.

Mayer v. Historic District Commission of Town of Groton, 7652017 WL 2263050 (CT 5/30/2017)


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