Campion v. Board of Aldermen of New Haven

278 Conn. 500, 899 A.2d 542 (2006)

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Campion v. Board of Aldermen of New Haven

Connecticut Supreme Court
278 Conn. 500, 899 A.2d 542 (2006)

Facts

Section 65 of the 1925 Enabling Ordinance of the Town of New Haven allows for the creation of planned development districts, permitting landowners to apply for rezoning of property to a newly proposed district while simultaneously seeking approval for a planned development consistent with that new district’s zoning regulations. After acquiring various parcels of land, the DelMonacos requested the creation of a planned development under § 65 to consolidate all of the parcels. The proposal sought development of a new district that would be carved out of the existing zoning district. Both the plan commission and Board of Aldermen of New Haven (defendant) approved the proposal, finding that the proposed new zone was consistent with the town’s comprehensive plan and that the planned development would serve the interests of the community. The DelMonacos’ neighbor, Campion (plaintiff), appealed the town’s decision. The trial court determined that the board’s decision was appropriate. Campion appealed, contending that the town did not have the authority to enact § 65 of the Enabling Ordinance.

Rule of Law

Issue

Holding and Reasoning (Borden, J.)

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