WALGREEN EASTERN CO, INC. v. ZONING BD. OF APPEALS

No. 31497.

24 A.3d 27 (2011)

130 Conn.App. 422

WALGREEN EASTERN COMPANY, INC. v. ZONING BOARD OF APPEALS OF the TOWN OF FAIRFIELD. Walgreen Eastern Company, Inc. v. Town Plan and Zoning Commission of the Town of Fairfield.

Appellate Court of Connecticut.

Decided August 2, 2011.


Attorney(s) appearing for the Case

John F. Fallon , Woodbridge, for the appellant (plaintiff).

Richard H. Saxl , Westport, for the appellees (defendants in each case).

Joel Z. Green , Bridgeport, for the appellees (defendant Jeffrey Rowe et al. both cases).

DiPENTIMA, C. J., and LAVINE and PETERS, Js.


PETERS, J.

This zoning appeal concerns the unsuccessful effort of a real estate lessee to open a pharmacy on property that previously had been used as a grocery store. Although the lessee planned to make only interior changes to the property, local zoning authorities refused to authorize the lessee's proposed change of use. The lessee challenges the validity of the procedural decision of the town zoning board of appeals that it was required to apply for a certificate...

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