CUMBERLAND FARMS, INC. v. GROTON

(SC 15797)

247 Conn. 196 (1998)

CUMBERLAND FARMS, INC. v. TOWN OF GROTON

Supreme Court of Connecticut.

Officially released November 3, 1998.


Attorney(s) appearing for the Case

Michael A. Zizka, with whom, on the brief, was Everett E. Newton, for the appellant (plaintiff).

Raymond L. Baribeault, Jr., with whom, on the brief, was James F. Brennan, Jr., for the appellee (defendant).

Richard Blumenthal, attorney general, and Janet P. Brooks, assistant attorney general, filed a brief for the commissioner of environmental protection as amicus curiae.

Callahan, C. J., and Borden, Norcott, Katz and McDonald, JS.


Opinion

CALLAHAN, C. J.

The zoning board of appeals of the town of Groton (board) denied, for lack of hardship, the application of the plaintiff, Cumberland Farms, Inc., for a zoning variance. The dispositive issue in this appeal is whether the board's denial of the variance application constituted a final decision that rendered ripe for adjudication an inverse condemnation claim the plaintiff subsequently brought against the defendant, the town of...

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