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ESSEX LEASING, INC. v. ZONING BOARD OF APPEALS

(13128)

206 Conn. 595 (1988)

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

Supreme Court of Connecticut.

Decision released March 22, 1988.

Attorney(s) appearing for the Case

Timothy S. Hollister, with whom were Ann D. Dexter and, on the brief, Eric Luckingbeal, for the appellant (plaintiff).

Peter M. Sipples, with whom was Jack E. Rutigliano, for the appellees (named defendant et al.).

Thomas P. Byrne, for the appellees (defendant Edwin L. Russell et al.).

PETERS, C. J., HEALEY, SHEA, CALLAHAN and COVELLO, Js.

PETERS, C. J.

The principal issue in this case is whether a municipality is authorized to enact a zoning regulation that terminates a nonconforming use solely as a result of nonuse for a specified period of time without regard to the intent of a property owner to relinquish that use. The plaintiff, Essex Leasing, Inc., appealed from the decision of the named defendant,1 the Essex zoning board of appeals, terminating its nonconforming use...

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