Andrews v. Planning and Zoning Commission of the Town of Wallingford

97 Conn. App. 316, 904 A.2d 275 (2006)

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Andrews v. Planning and Zoning Commission of the Town of Wallingford

Connecticut Appellate Court
97 Conn. App. 316, 904 A.2d 275 (2006)

Facts

Lynn Andrews (plaintiff) and Jeff Andrews (plaintiff) owned property in the town of Wallingford, Connecticut. The Andrews applied to subdivide their land to the town planning-and-zoning commission (the commission) (defendant). Pursuant to the application, access to the subdivision was to be through an existing road in the nearby town of North Branford. After the Andrews submitted their application, the commission applied to amend its subdivision regulations to add a requirement that all proposed subdivision streets be connected to public roads within the town of Wallingford. The commission held a brief meeting at which the town engineer expressed the opinion that the Andrews’ proposed subdivision should be connected to an existing road within Wallingford so that the town’s police, fire department, and school buses could access the subdivision from Wallingford. No evidence was presented to support the town engineer’s statement, and the commission did not seek input from the fire department, the police department, or the school board. After the brief meeting, the commission approved the amendment to the subdivision regulations. The Andrews appealed the commission’s decision to the trial court, which declared the amendment null and void. The trial court reasoned that the commission had exceeded its statutory authority. The commission appealed to the Connecticut Appellate Court.

Rule of Law

Issue

Holding and Reasoning (DiPentima, J.)

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