Nash v. Zoning Board of Appeals
Hattie F. Nash v. Zoning Board of Appeals of the Town of East Hartford
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
The plaintiffs appealed from a decision of the defendant zoning board of appeals granting an application for three variances of zoning *577 regulations to permit the erection of a multifamily building on premises lying in a residence and business zone. The defendant board’s vote stated that “a hardship exists and can be alleviated by the granting of a variance without materially impairing the effect of the Zoning Regulations.” What particular hardship the board found to exist was neither specified nor suggested in its vote.
The record is devoid of any evidence to support a finding that there existed any unnecessary hardship or practical difficulties peculiarly affecting the premises in question. Proof of the existence of such a hardship is a condition precedent to the granting of such variances as were granted by the defendant board. Berlani v. Zoning Board of Appeals, 160 Conn. 166 , 276 A.2d 780 ; Ward v. Zoning Board of Appeals, 153 Conn. 141 , 215 A.2d 104 .
There is error, the judgment is set aside and the case is remanded with direction to sustain the appeal.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 13 cases
View all citing references →Relies on it most ⓘ
- Point O'Woods Assn., Inc. v. Zoning Board of Appeals
- Pereira v. Hartford Zoning Bd. of Appeals, No. Cv 94-0538534 (Dec. 12, 1995)
- Hoffman v. Milford Zoning Bd. of App., No. Cv88 02 62 68s (Feb. 6, 1991)
- Stanley v. Zoning Board of Appeals, No. Cv94 30 98 86 S (Jul. 25, 1994)
- Zarembski v. Easton Zoning Bd., App., No. Cv93 30 53 67 S (Jan. 25, 1994)
- Ortiz v. Zoning Board of Appeals, No. 316720 (Oct. 23, 1995)
Most recent
- Perillie v. Zoning Board of Appeals, No. Cv 98-0411788 (Dec. 14, 1999)
- Shelton Planning Z. v. Shelton Zba, No. Cv99 0066574s (Nov. 18, 1999)
- Pereira v. Hartford Zoning Bd. of Appeals, No. Cv 94-0538534 (Dec. 12, 1995)
- Ortiz v. Zoning Board of Appeals, No. 316720 (Oct. 23, 1995)
- McGettigan v. Zoning Board of Appeals, No. Cv93-0133828s (Dec. 16, 1994)
- Mezick v. Zoning Bd. of Appeals, No. Cv94 311036s (Jul. 27, 1994)
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.