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HERTZSCH v. ZONING BOARD OF APPEALS

137 Conn. 599 (1951)

HENRY HERTZSCH ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF BLOOMFIELD ET AL.

Supreme Court of Connecticut.

Decided March 20, 1951.

Attorney(s) appearing for the Case

Frank R. Odium, with whom was Wallace R. Burke, for the appellee (defendant Maher).

Frank Covello, for the appellee (named defendant).

BROWN, C. J., JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JS.

JENNINGS, J.

The plaintiffs seek to test the propriety of an order passed by the zoning board of appeals of Bloomfield, hereinafter referred to as the board. The order granted to Philip W. Maher a temporary five-year permit to construct and operate a drive-in theater on an unoccupied tract of land in a "C" residence zone. The plaintiffs are neighboring property owners and include a competing corporation which intends to erect a theater in an adjoining business zone...

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