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FISHER v. BOARD OF ZONING APPEALS

142 Conn. 275 (1955)

BARRETT FISHER v. BOARD OF ZONING APPEALS OF THE TOWN OF MONROE ET AL.

Supreme Court of Connecticut.

Decided April 18, 1955.

Attorney(s) appearing for the Case

William F. Healey, Jr., for the appellant (plaintiff).

Benjamin H. Gilman, for the appellees (defendants Swann).

Raymond W. Beckwith, for the appellee (named defendant).

INGLIS, C. J., BALDWIN, WYNNE, DALY and SHEA, JS.

WYNNE, J.

The plaintiff appealed to the Court of Common Pleas from a decision of the board of zoning appeals of the town of Monroe reversing the action of the zoning commission, which had granted a permit to the plaintiff to erect a fuel-oil storage tank. The court rendered judgment dismissing the appeal and from that judgment this appeal has been taken.

The court based its action on a motion to dismiss which set...

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