Justia Connecticut Supreme Court Opinion Summaries

Articles Posted in Zoning, Planning & Land Use
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Plaintiff appealed from the judgment of the trial court upholding the zoning board of appeals of the city of Stamford's ("board") decision that a dock located on the waters of Stamford Harbor was a neighborhood dock rather than a marina, and therefore, improvements to the dock were not subject to the city's zoning regulations. At issue was whether the trial court properly upheld the board's decision that the Southfield Point Associations' construction of a 196 foot dock and the use of Cook Road Extension for access to and connection with the dock were entirely immune from local zoning regulation merely because they related to water dependent use. The court held that the trial court properly upheld the board's decision and agreed with defendants when the dock and its intersection with Cook Road Extension were located waterward of the mean high water line, where the city normally had no jurisdiction, and when the zoning regulations did not apply to activities that took place on Cook Road Extension.