Fairfield Historic District Commission v. Hall

No. X08CV030201280S (2005)

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Fairfield Historic District Commission v. Hall

Connecticut Superior Court
No. X08CV030201280S (2005)

  • Written by Jody Stuart, JD

Facts

Andrew and Christine Hall (defendants) lived at 750 Harbor Road, which was in the historic district of Fairfield. The Halls placed a sculpture on the lawn between their house and a picket fence that fronted Harbor Road. The sculpture consisted of 17 wavy sections made of concrete and steel rebar. The sculpture was 80 feet long and four feet wide, had a maximum height of four feet, and weighed many tons. The wave sections varied in length and overlapped, forming a relatively straight line. The sculpture was not attached or secured to the Halls’ property by any mechanical means. To provide a base for the sculpture, the Halls leveled a portion of their lawn by excavating an 80-foot-long, two-foot-deep trench and filling it with gravel and stone. After being disassembled, the sculpture was transported to the Halls’ residence on five flatbed trucks and reassembled by crane on the gravel-and-stone base over a two-day period. The Fairfield Historic District Commission (commission) (plaintiff) brought an action against the Halls seeking a declaratory judgment that the commission had the authority to determine whether the Halls’ placement of the sculpture was permitted. The commission and the Halls moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Adams, J.)

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