Hickey v. City of New London
| Decision Date | 06 July 1965 |
| Citation | 153 Conn. 35,213 A.2d 308 |
| Court | Connecticut Supreme Court |
| Parties | Patricia A. HICKEY et al. v. CITY OF NEW LONDON et al. Supreme Court of Errors of Connecticut |
Francis J. Pavetti, New London, for appellants (defendants Simon et al.).
Richard F. Corkey, New London, with whom was Robert B. Hempstead, New London, for appellees (plaintiffs).
Before KING, C. J., and MURPHY, ALCORN, SHANNON and HOUSE, JJ.
On September 16, 1963, the council of the city of New London, in its capacity as the zoning authority for the municipality; 19 Spec.Laws 997; approved the application of the defendants Stanley Simon and Jack Mashkin to change from B residence to C residence the zonal classification of property fronting 251 feet on the north side of Willetts Avenue, having a depth of 300 feet and on the west adjoining the New London-Waterford town line in order to permit the erection of an apartment building. The council also adopted an amendment to the building zone ordinance to make the change effective. The eleven plaintiffs are the owners of one- or two-family houses in the immediate neighborhood who allege that they are aggrieved by the action of the council. Upon appeal, the Court of Common Pleas held them to be aggrieved and rendered judgment sustaining the appeal without filing a memorandum of decision stating the basis for its decision. Simon and Mashkin have appealed from the judgment below and specifically challenge the finding that the plaintiffs are aggrieved.
In Tyler v. Zoning Board of Appeals, 145 Conn. 655, 662, 145 A.2d 832, it was held that to be an aggrieved person entitled to take an appeal in a zoning case in which traffic in intoxicating liquor is not involved, one has to be found to be specially and injuriously affected in his property or other legal rights. We also stated that the appellant should allege in his complaint the respects in which he claims to be adversely affected by the decision from which the appeal was taken. Id., 663, 145 A.2d 832. The complaint in this case is deficient in that it alleges only that the plaintiffs are aggrieved as owners of real property in the immediate vicinity. Even if the trial court permitted the plaintiffs to introduce evidence to substantiate the allegations of ownership and proximity, such proof, without more, would not be sufficient to make the plaintiffs aggrieved persons under General Statutes § 8-8.
The burden of proving that at least one of the plaintiffs was an aggrieved person was on the plaintiffs. London v. Planning & Zoning Commission, 149 Conn. 282, 284, 179 A.2d 614; Langbein v. Planning Board, 145 Conn. 674, 676, 146 A.2d 412. The trial court filed a limited finding, which was restricted to the question of aggrievement. The named plaintiff was found to be the owner of land on the south side of Willetts Avenue a short distance up the street from the property of Simon and Mashkin and almost directly across the street from the property of the plaintiff Thomas F. DiMaggio. The latter property adjoins the easterly boundary of property owned in trust by the plaintiff Josephine D. Canon which abuts the property of Simon...
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City of New Haven v. Public Utilities Commission
...claims of aggrievement made by these plaintiffs presented an issue of fact for the determination of the trial court. Hickey v. New London, 153 Conn. 35, 38, 213 A.2d 308. The burden of proving that they were aggrieved was on these plaintiffs. London v. Planning & Zoning Commission, 149 Conn......
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Sheridan v. Planning Bd. of City of Stamford
...156 Conn. 505, 507, 242 A.2d 705; I. R. Stich Associates, Inc. v. Town Council, 155 Conn. 1, 3, 229 A.2d 545; Hickey v. City of New London, 153 Conn. 35, 37, 213 A.2d 308; Tyler v. Board of Zoning Appeals, 145 Conn. 655, 662, 145 A.2d 832; see 'The Connecticut Law of Zoning (Part B),' 41 Co......
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Zoning Bd. of Appeals of Town of Wallingford v. Planning and Zoning Com'n of Town of Wallingford
...9 Conn.App. 413, 415, 519 A.2d 615 (1987). The burden of demonstrating aggrievement rests with the plaintiff. Hickey v. New London, 153 Conn. 35, 37, 213 A.2d 308 (1965). The question of aggrievement is one of fact to be determined by the trial court. Glendenning v. Conservation Commission,......
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Concerned Citizens v. Town of Watertown
...in the immediate vicinity' of property subject to a land use agency determination is insufficient under § 8-8. Hickey v. New London, 153 Conn. 35, 37, 213 A.2d 308 (1965); see also Hendel's Investors Co. v. Zoning Board of Appeals, 62 Conn.App. 263, 274-75, 771 A.2d 182 (2001) (conclusory s......