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WHALEN v. TOWN PLAN & ZONING COMMISSION

146 Conn. 321 (1959)

JAMES F. WHALEN ET AL. v. TOWN PLAN AND ZONING COMMISSION OF THE TOWN OF FAIRFIELD ET AL.

Supreme Court of Connecticut.

Decided March 31, 1959.

Attorney(s) appearing for the Case

Austin K. Wolf, with whom, on the brief, was Martin F. Wolf, for the appellants (plaintiffs).

Raymond W. Beckwith, with whom, on the brief, was Norman K. Parsells, for the appellee (named defendant).

Samuel E. Friedman, with whom was Arthur Levy, Jr., for the appellee (defendant Rostro, Inc.).

DALY, C. J., BALDWIN, KING, MURPHY and MELLITZ, JS.

MURPHY, J.

The plaintiffs have appealed from the judgment of the Court of Common Pleas dismissing their appeal from the action of the defendant town plan and zoning commission in changing the zone of a five-acre tract on Stratfield Road and Fairfield Woods Road in Fairfield from residence R-3 to neighborhood business 1. The plaintiffs are the owners of, and reside on, abutting property which will be adversely affected by the change, and they are therefore aggrieved...

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