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BENSON v. ZONING BD. OF APPEALS OF WESTPORT

No. 25148.

873 A.2d 1017 (2005)

89 Conn.App. 324

Totney BENSON v. ZONING BOARD OF APPEALS OF THE TOWN OF WESTPORT.

Appellate Court of Connecticut.

Decided May 31, 2005.

Attorney(s) appearing for the Case

Robert A. Fuller, Wilton, for the appellant (plaintiff).

Ira W. Bloom, Westport, for the appellee (defendant).

Thomas M. Geisler, Jr., New Haven, for the appellees (intervening defendants).

McLACHLAN, HARPER and PETERS, Js.

McLACHLAN, J.

This certified zoning appeal concerns whether the plaintiff landowner, Totney Benson, must remove the addition to her home built in 1997 because it sits 3.7 feet over the side setback line. The dispositive issue in this case is what is meant by "the institution of an action to enforce" zoning regulations in General Statutes § 8-13a(a). We conclude that § 8-13a(a) requires the institution of a civil action for an injunction within a three year...

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