Kish v. Planning and Zoning Bd of City of Milford

• Decision Date: 04 February 1970
• Citation: 267 A.2d 442,159 Conn. 604
• Court: Connecticut Supreme Court
• Parties: Arthur KISH et al., v. PLANNING AND ZONING BOARD OF the CITY OF MILFORD.

Page 442

267 A.2d 442

159 Conn. 604

Arthur KISH et al., v. PLANNING AND ZONING BOARD OF the CITY OF MILFORD.

Supreme Court of Connecticut.

Feb. 4, 1970.

Stephen I. Traub, New Haven, for appellant (defendant).

Stephen E. Ronai, Milford, for appellees (plaintiffs).

Before ALCORN, HOUSE, THIM, RYAN and SHAPIRO, JJ.

PER CURIAM.

The trial court erred in substituting its judgment for that of the defendant board. Sobol v. Planning & Zoning Commission, 158 Conn. 623, 262 A.2d 185; Belknap v. Zoning Board of Appeals, 155 Conn. 380, 384, 232 A.2d 922, and cases cited; see Hawkes v. Town Plan & Zoning Commission, 156 Conn. 207, 240 A.2d 914.

There is error, the judgment is set aside and the case is remanded with direction to dismiss the appeal.