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GANGEMI v. ZONING BOARD OF APPEALS

(SC 16208)

255 Conn. 143 (2001)

SEBASTIAN GANGEMI ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF FAIRFIELD

Supreme Court of Connecticut.

Officially released January 2, 2001.

Attorney(s) appearing for the Case

John E. Curran, for the appellants (plaintiffs).

Richard H. Saxl, for the appellee (defendant).

John F. Fallon, for the appellees (intervening defendants).

McDonald, C.J., and Borden, Norcott, Katz, Palmer, Sullivan and Vertefeuille, Js.

Opinion

BORDEN, J.

The dispositive issue in this certified appeal is whether the continued maintenance of a certain "no rental" condition imposed on a zoning variance granted to the plaintiffs in 1986 by the defendant, the zoning board of appeals of the town of Fairfield (board), which the plaintiffs did not challenge by direct appeal at that time, violates the public policy against restraints against alienation of property. The plaintiffs, Sebastian...

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