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SMITH v. ZONING BOARD OF APPEALS

(14632), (14633)

227 Conn. 71 (1993)

E. DON SMITH ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF GREENWICH ET AL.

Supreme Court of Connecticut.

Decision released August 10, 1993.

Attorney(s) appearing for the Case

Joyce H. Young, assistant town attorney, for the appellant (named defendant).

Everett E. Newton, with whom, on the brief, were William E. Hegarty, Russell L. Brenneman and John C. Yavis, Jr., for the appellants (defendant Historical Society of the Town of Greenwich, Inc., et al.).

E. Don Smith, pro se, with whom was Eileen Smith, pro se, the appellees (plaintiffs).

Robin Messier Pearson, Michael J. Cacace and Mark K. Branse filed a brief for the Planning and Zoning Law Section of the Connecticut Bar Association as amicus curiae.

PETERS, C. J., CALLAHAN, BORDEN, BERDON and KATZ, JS.

KATZ, J.

The dispositive issue in this appeal is whether the planning and zoning board of appeals for the town of Greenwich (board) is authorized, under the Greenwich town charter (charter) and the applicable subdivision regulations, to consider historical factors in determining whether to grant or deny an application to subdivide property located in a historic district. The defendants, the board, the Historical Society of the Town of Greenwich, Inc. (historical society...

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