Gangemi v. Zoning Board of Appeals of the Town of Fairfield

255 Conn. 143, 763 A.2d 1011 (2001)

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Gangemi v. Zoning Board of Appeals of the Town of Fairfield

Connecticut Supreme Court
255 Conn. 143, 763 A.2d 1011 (2001)

Facts

The Zoning Board of the Town of Fairfield (the board) (defendant) granted a zoning variance to Sebastian Gangemi (plaintiff) and Rebecca J. Gangemi (plaintiff) reducing a setback requirement and allowing the Gangemis to add square footage to their home, which was in the town’s beach district. The variance also included a condition that precluded the Gangemis from using the beach house as a rental property. There was no statute or ordinance prohibiting the use of other houses in the beach district as rental properties. Ten years after the variance was granted, the Gangemis applied to the board requesting that it invalidate the no-rental condition, and the board denied the application. The trial court dismissed the Gangemis’ appeal, and the court of appeals affirmed. The Gangemis appealed to the Connecticut Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Borden, J.)

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