Suffield Heights Corporation v. Town Planning Commission
Suffield Heights Corporation v. Town Planning Commission
Opinion of the Court
The defendant commission has appealed from a judgment of the Court of Common Pleas which sustained the plaintiff’s appeal from the denial by the commission of the plaintiff’s application for a change of zone from residence A to business 1.
The facts are as follows: The plaintiff owns a parcel of land adjoining and to the north of the business zone on the north side of East Center Street, at its intersection with Lenox Street, in Manchester. The business zone extends along the north side of East Center Street for approximately 300 feet and has a depth of 320 feet. The portion of the zone adjacent to the plaintiff’s land is owned by the East Center Street Corporation and is occupied by a shopping center containing nine stores. Next to this on the west is a building designed to accommodate a branch bank and a store, with offices on the second floor. The plaintiff’s land is substantially triangular in shape, the base of the triangle adjoining the land on which the shopping center is located and the westerly and easterly
The rule often stated by this court that courts •cannot substitute their discretion for the liberal discretion which the legislature has conferred on local zoning authorities (Couch v. Zoning Commission, 141 Conn. 349, 359, 106 A.2d 173, and cases cited) is based upon two fundamental reasons. First, courts do not have administrative or legislative powers and consequently do not hear appeals from zoning authorities de novo. Second, local authorities .are presumed to be more familiar with the circum
The record of the hearings before the commission contains testimony that the land for which the change in zone was sought was unsuitable for residential use and “entirely unfit for any other use but business.” This testimony was not contradicted. More important, and essential to the sustaining of the trial court’s decision, was the circumstance that
The defendant’s argument that the change of zone is not in furtherance of the comprehensive plan of zoning for Manchester is invalid. The proposal is to extend, at the dictate of public convenience and necessity, an existing business zone created by the commission. It is not to create a new one. Hills v. Zoning Commission, 139 Conn. 603, 609, 96 A.2d 212; Mallory v. West Hartford, 138 Conn. 497, 506, 86 A.2d 668; see Zuckerman v. Board of Zoning Appeals, 144 Conn. 160, 164, 128 A.2d
There is no error.
In this opinion O’Sullivan, C. J., Wynne and. King, Js., concurred.
Dissenting Opinion
(dissenting). It is stated in the opinion, of the majority that the record of the hearing before the defendant commission contains testimony that the land for which the change in zone was-sought was unsuitable for residential use and “entirely unfit for any other use but business”; that this testimony was uncontradicted; that it was supported by incontrovertible physical facts, as was-disclosed by the numerous exhibits in the commission’s record; that the court viewed the premises; and that the “rationale of the court’s decision is-essentially that the denial of the plaintiff’s application for a reclassification of its land prevented it. from making any reasonable use of that land.” Although the court viewed the premises, as shown by the memorandum of decision, its decision was based’ upon the record. The record shows that the plaintiff owned two adjacent parcels of land which were-
Zoning authorities are endowed with a wide and liberal discretion. The court is powerless to replace the discretion of the commission with its own. The modification of zone boundaries and regulations by a zoning commission partakes of the nature of legislative proceedings. The court cannot substitute its judgment, especially in a legislative matter, for the judgment of the commission when the considerations are fairly debatable. Kutcher v. Town Planning Commission, 138 Conn. 705, 709,
I am unable to agree with the majority opinion, which holds that the court did not err in reversing the decision of the commission. It is my belief that the majority have annulled well-established law
Reference
- Full Case Name
- Suffield Heights Corporation v. Town Planning Commission of the Town of Manchester
- Cited By
- 46 cases
- Status
- Published