FOX v. ZONING BD. OF APPEALS OF TOWN OF BARKHAMSTED

Nos. 24501, 24502, 24565.

854 A.2d 806 (2004)

84 Conn.App. 628

Kathleen B. FOX v. ZONING BOARD OF APPEALS OF THE TOWN OF BARKHAMSTED et al. Marjorie Hart et al. v. Zoning Board of Appeals of the Town of Barkhamsted et al.

Appellate Court of Connecticut.

Decided August 24, 2004.


Attorney(s) appearing for the Case

Steven E. Byrne, for the appellant-appellee (named defendant in both cases).

Peter C. Herbst, Torrington, for the appellants (defendant Marjorie Hart in the first case, plaintiffs in the second case).

Julia B. Morris, with whom, on the brief, were James T. Flaherty and Sandi Beth Girolamo, Hartford, for the appellee (Kathleen Fox, named plaintiff in the first case and defendant in the second case).

LAVERY, C.J., and DiPENTIMA and MIHALAKOS, Js.


LAVERY, C.J.

These three zoning appeals arise from a reconfiguration by Marjorie Hart and Peter Hart of an existing, nonconforming retail lumber business to replace a structure that had been destroyed by fire on property in the town of Barkhamsted (town). As to the appeals designated AC 24501 and AC 24502, we do not reach the substantive issues raised by the parties; instead, we conclude that the trial court improperly found that Kathleen B. Fox, an allegedly abutting...

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