MAGNANO v. ZONING BOARD OF APPEALS


188 Conn. 225 (1982)

JOHN V. MAGNANO ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF WESTBROOK ET AL.

Supreme Court of Connecticut.

Decision released August 31, 1982.


Attorney(s) appearing for the Case

William F. Gallagher, with whom, on the brief, were Robert L. Hurney and Roger B. Calistro, for the appellant (defendant Kenneth J. Ward, Jr.).

James D. Reardon, for the appellees (plaintiffs).

PETERS, HEALEY, PARSKEY, ARMENTANO and SHEA, Js.


SHEA, J.

The plaintiffs own property in a residential zone on the Boston Post Road in Westbrook across the street from a lot upon which an Arco station was in operation when Westbrook enacted its zoning ordinances. The original owner ceased operating the gas station on June 28, 1977, and, after actively trying to sell the property for more than one year, finally sold it to Kenneth Ward, Jr., the individual defendant. Ward was granted a building permit with the approval...

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