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SMITH v. ZONING BOARD OF APPEALS

174 Conn. 323 (1978)

WARREN R. SMITH ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF NORWALK ET AL.

Supreme Court of Connecticut.

Decision released February 28, 1978.

Attorney(s) appearing for the Case

Angelo J. Smeraldi, assistant attorney general, with whom, on the brief, were Carl R. Ajello, attorney general, and Victor Feingold, assistant attorney general, for the appellant (defendant commissioner of the department of transportation).

Robert A. Slavitt, with whom, on the brief, was Abraham D. Slavitt, for the appellees (plaintiffs).

HOUSE, C. J., LOISELLE, BOGDANSKI, LONGO and SPEZIALE, JS.

LONGO, J.

This appeal presents a question of first impression-whether a condemning authority proposing a partial taking must show hardship to the property owner in order to obtain a zoning variance under General Statutes § 48-24.1 In April, 1972, pursuant to the provisions of what is now § 48-24, the defendant commissioner of the department of transportation, hereinafter the state, applied to the defendant zoning board of appeals...

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