Sobol v. Planning and Zoning Commission of Town of Wethersfield
| Decision Date | 13 November 1969 |
| Citation | 158 Conn. 623,262 A.2d 185 |
| Court | Connecticut Supreme Court |
| Parties | Sam SOBOL v. PLANNING AND ZONING COMMISSION OF the TOWN OF WETHERSFIELD et al. |
Richard P. Kuzmak, Wethersfield, for appellants (defendant Candido D'Occhio and others).
Edward H. Kenyon, Hartford, for appellee (plaintiff).
Before KING C. J., and ALCORN, HOUSE, THIM and RYAN, JJ.
The trial court substituted its judgment for that of the defendant commission. It had no authority to do so. 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.
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4 cases
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Housatonic Terminal Corp. v. Planning and Zoning Bd. of City of Milford
...own judgment for that of the zoning authority. Horvath v. Zoning Board of Appeals, 163 Conn. 609, 316 A.2d 418; Sobol v. Planning & Zoning Commission, 158 Conn. 623, 262 A.2d 185. In light of the above, the trial court was correct in concluding that the reasons given by the board were reaso......
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Clapp v. South Windsor Planning and Zoning Commission
...its judgment for that of the commission. Kish v. Planning & Zoning Board, 159 Conn. 604, 605, 267 A.2d 442; 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 & Zo......
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Kish v. Planning and Zoning Bd of City of Milford
...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 & Z......
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Horvath v. Zoning Bd. of Appeals of Town of Torrington
...before the zoning board of appeals and the trial court could not substitute its judgment for that of the board. Sobol v. Planning & Zoning Commission, 158 Conn. 623, 262 A.2d 185. The appeal record discloses that there was competent and sufficient evidence before the board to justify the re......