Supreme Court of Connecticut, 1994

Whisper Wind Development Corp. v. Planning & Zoning Commission

Supreme Court of Connecticut · Decided March 24, 1994

229 Conn. 176; 640 A.2d 100; 1994 Conn. LEXIS 97

Cases that cite this one

76 later published cases cite this decision. The 25 that cite it most often are listed here.

St. Joseph's High School, Inc. v. Planning & Zoning Commission (Conn. App. Ct. 2017)
Bethlehem Christian Fellowship, Inc. v. Planning & Zoning Commission (Conn. App. Ct. 2002)
Irwin v. Planning & Zoning Commission (Conn. 1998)
Blakeman v. Shelton Pzc, No. Cv01-0073300 (Sep. 20, 2002) (Connecticut Superior Court 2002)
A. Aiudi & Sons, LLC v. Planning & Zoning Commission (Conn. App. Ct. 2002)
Mucci v. Shelton Zoning Board of Appeals, No. Cv95 0050591 (Apr. 19, 1996) (Connecticut Superior Court 1996)
State v. Owens (Conn. App. Ct. 2025)
Cottle v. PLANNING AND ZONING COMMISSION OF TOWN OF DARIEN (Conn. App. Ct. 2007)
Morena v. Historic District Commission (Connecticut Superior Court 2007)
Gevers v. Planning & Zoning Commission (Conn. App. Ct. 2006)
A. Aiudi & Sons, LLC v. Planning & Zoning Commission (Conn. 2004)
Kobyluck v. Planning & Zoning Commission (Conn. App. Ct. 2004)
Municipal Funding, LLC v. Zoning Board of Appeals (Conn. App. Ct. 2002)
Bajarano v. Zoning Board of Stamford, No. Cv00 0176393 S (Feb. 16, 2001) (Connecticut Superior Court 2001)
Pelliccione v. Planning & Zoning Commission (Conn. App. Ct. 2001)
Heithaus v. Planning Commission, No. Cv98 0168123 S (Mar. 15, 2000) (Connecticut Superior Court 2000)
Pollansky v. Coventry Pl. Zoning Comm., No. Cv 98 0066583s (Aug. 2, 1999) (Connecticut Superior Court 1999)
Higley v. Town of Somers, No. Cv 98 68429 S (Dec. 23, 1999) (Connecticut Superior Court 1999)
Apple East v. Shelton Planning Zoning, No. 0063497s (Aug. 13, 1999) (Connecticut Superior Court 1999)
Hallahan v. Westbrook Zoning Bd. of Appeals, No. Cv96-80697 (Mar. 4, 1999) (Connecticut Superior Court 1999)
Cumberland Farms v. Westbrook Z. Comm., No. Cv97-81849 (May 24, 1999) (Connecticut Superior Court 1999)
Petersen v. Willington, Commission, No. Cv 98 0065796s (Mar. 12, 1999) (Connecticut Superior Court 1999)
Douskey v. P Z Comm. of the Town of Hamden, No. 416513 (Jul. 20, 1999) (Connecticut Superior Court 1999)
Quality Sand & Gravel, Inc. v. Planning & Zoning Commission (Conn. App. Ct. 1999)
Sprint Spectrum L.P. v. Town of North Stonington (United States District Court for the District of Connecticut 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The sole issue in this land use appeal is whether the named defendant, the planning and zoning commission of the town of Middlefield, had the authority to deny the special permit application filed by the plaintiff, Whisper Wind Development Corporation, even though the plaintiffs application complied with the technical requirements of the permit regulations. In Whisper Wind Development Corp. v. Planning *177& Zoning Commission, 32 Conn. App. 515, 630 A.2d 108 (1993), the Appellate Court affirmed the judgment of the trial court dismissing the plaintiff’s appeal. The Appellate Court agreed with the defendant’s contention that, in the case of a special permit, zoning regulations may authorize a planning and zoning commission to deny an application on the basis of enumerated general considerations such as public health, safety and welfare. Id., 519-22. We granted the plaintiff’s petition for certification to appeal this question of regulatory authority.1

After examining the record on appeal, and after considering the briefs and arguments of the parties, we conclude that the judgment of the Appellate Court must be affirmed. The issue on which we granted certification was properly resolved in the thoughtful and comprehensive majority opinion of the Appellate Court. It would serve no useful purpose for us to repeat the discussion therein contained. Cf. Board of Education v. State Board of Education, 228 Conn. 433, 436, 636 A.2d 378 (1994); Stankiewicz v. Zoning Board Of Appeals, 211 Conn. 76, 78, 556 A.2d 1024 (1989); State v. Leonard, 210 Conn. 480, 481, 556 A.2d 611 (1989).

The judgment of the Appellate Court is affirmed.

We granted the plaintiffs petition for certification to appeal limited to the following issue: “Was the Appellate Court correct in concluding that the trial court properly determined that the plaintiff's failure to meet the general health, safety and welfare requirements set forth in the town’s zoning regulations provided an adequate basis for the defendant’s denial of a special permit application, even though the plaintiff’s application complied with all of the technical requirements of the regulations applicable to special permits?” Whisper Wind Development Corp. v. Planning & Zoning Commission, 227 Conn. 929, 632 A.2d 706 (1993).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.