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FAIRLAWNS CEMETERY ASSN., INC. v. ZONING COMMISSION

138 Conn. 434 (1952)

THE FAIRLAWNS CEMETERY ASSOCIATION, INC. v. ZONING COMMISSION OF THE TOWN OF BETHEL ET AL.

Supreme Court of Connecticut.

Decided January 8, 1952.

Attorney(s) appearing for the Case

George F. Lowman, with whom was Morgan P. Ames, for the appellant (plaintiff).

Philo C. Calhoun, with whom, on the brief, were William Hanna and Burton F. Sherwood, for the appellees (defendants).

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

INGLIS, J.

The plaintiff plans to establish a cemetery on land which it owns in the town of Bethel. The zoning regulations of the town purport to prohibit cemeteries in the area where the property is located. In this action a judgment is sought declaring that the zoning regulations are invalid or that, if they are valid, the plaintiff has the right to maintain the cemetery as a nonconforming use.

The finding is not subject to correction. The facts which are...

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