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ESSEX LEASING, INC. v. ZONING BOARD OF APPEALS

(4644), (4645), (4646)

9 Conn. App. 391 (1986)

ESSEX LEASING, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF ESSEX ET AL.

Appellate Court of Connecticut.

Decision released December 30, 1986.

Attorney(s) appearing for the Case

Thomas P. Byrne, Peter M. Sipples and Jack E. Rutigliano, for the appellants (defendants).

Timothy S. Hollister, with whom, on the brief, was Eric Lukingbeal, for the appellee (plaintiff).

HULL, BORDEN and DALY, JS.

BORDEN, J.

The decisive issue in these consolidated appeals is whether the zoning regulations of the town of Essex effectively provide for termination of a nonconforming use of property, based on nonuse of the property for a period of one year without regard to any intent of the owner to relinquish the use. The trial court read the regulation in question to require such an intent. We hold that the regulation does not...

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