M. & R. Enterprises, Inc. v. Zoning Bd. of Appeals of Town of Southington

• Decision Date: 26 June 1967
• Citation: 155 Conn. 280,231 A.2d 272
• Court: Connecticut Supreme Court
• Parties: M. AND R. ENTERPRISES, INC., et al. v. ZONING BOARD OF APPEALS OF the TOWN OF SOUTHINGTON et al.

Page 272

231 A.2d 272

155 Conn. 280

M. AND R. ENTERPRISES, INC., et al. v. ZONING BOARD OF APPEALS OF the TOWN OF SOUTHINGTON et al.

Supreme Court of Connecticut.

June 26, 1967.

Francis S. Kane, Southington, for appellants (named plaintiff et al.).

I. Milton Widem, Hartford, for appellee (defendant Food Mart of Connecticut, Inc.).

Joseph H. Thalberg, Southington, for appellee (named defendant).

Before KING, C.J., and ALCORN, HOUSE, THIM and RYAN, JJ.

THIM, Associate Justice.

The Southington zoning regulations prohibit the use of any building or premises for the sale of alcoholic beverages if that building or premises is within 1500 feet of any other building or premises where such beverages are sold. Southington Zoning Regs. § 7-07.2 (1961).

The defendant Food Mart of Connecticut, Inc., hereinafter referred to as Food Mart, entered into a long-term lease of a large building which it had had specially constructed and designed for itself. This building, which is part of a large shopping center, is approximately 500 feet from the Southington Inn, which sells alcoholic beverages.

Food Mart commenced its retail grocery business on or about February 13, 1962. It immediately applied to the defendant zoning board of appeals for a variance of the 1500-foot requirement, claiming its inability to sell beer, ale or lager, as part of its overall grocery business, caused it undue hardship and would deprive it of the reasonable use of its property.

The Southington zoning regulations permit the board of appeals to grant variances if it finds that, because of the exceptional physical condition of the property under consideration, a strict application of the zoning regulations would cause the property owner unusual hardship and would deprive him of the reasonable use of his land or building. Southington Zoning Regs. § 9-04 (1961). After a hearing, the board voted to grant the variance. The only reason it gave for its action was that 'beer, ale or lager * * * is a necessary item incidental to the grocery business.' The plaintiffs, most of whom are resident taxpayers of Southington, appealed to the Court of Common Pleas, which dismissed the appeal. The present appeal followed.

Because Food Mart was granted a variance from a zoning regulation which concerns the sale of alcoholic beverages, the status of the plaintiffs as taxpayers entitles them to prosecute this appeal. Cowles v. Zoning Board of Appeals, 153 Conn. 116, 117, 214 A.2d 361; O'Connor v. Board of Zoning Appeals, 140 Conn. 65, 70-72, 98 A.2d 515...