QUALITY SAND & GRAVEL, INC. v. PLANNING & ZONING COMMISSION

(AC 18685)

55 Conn. App. 533 (1999)

QUALITY SAND AND GRAVEL, INC. v. PLANNING AND ZONING COMMISSION OF THE CITY OF TORRINGTON

Appellate Court of Connecticut.

Officially Released November 2, 1999.


Attorney(s) appearing for the Case

Albert G. Vasko, corporation counsel, for the appellant (defendant).

Vincent F. Sabatini, with whom was Tara K. Lyons, for the appellee (plaintiff).

O'Connell, C. J., and Foti and Lavery, Js.


Opinion

LAVERY, J.

The defendant planning and zoning commission of the city of Torrington (commission) appeals from the judgment of the trial court sustaining the plaintiffs appeal from the commission's denial of a special exception application. On appeal before us, the commission claims that the court improperly (1) determined that the plaintiffs use, which was permitted by special exception, was conclusively presumed to be compatible and valid,...

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