Marion Road Association v. Westport Planning and Zoning Commission

1994 WL 592221 (1994)

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Marion Road Association v. Westport Planning and Zoning Commission

Connecticut Superior Court
1994 WL 592221 (1994)

  • Written by Tanya Munson, JD

Facts

The Westport Planning and Zoning Commission (the commission) (defendant) granted an application made by Conservative Synagogue and Three Hundred PRW Associates (Conservative Synagogue) (defendants) for a special permit and site plan approval to construct a synagogue building on a parcel of land in a residential zone. Conservative Synagogue’s application did not contain a sediment control plan, but it submitted a conceptual plan to the director of the Conservation Commission. The director reviewed the plan and required that a final plan be issued before the issuance of a zoning permit. Several homeowners and the homeowner’s association, Marion Road Association (the homeowners) (plaintiffs), appealed the commission’s decision to approve Conservative Synagogue’s application. The homeowners argued that the commission erred by approving the application because it failed to comply with the town of Westport’s zoning regulation requirement that applications for special permits include the filing of a sediment control plan.

Rule of Law

Issue

Holding and Reasoning (Levin, J.)

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