[DOWNLOAD] "Miklus v. Zoning Board of Appeals" by Supreme Court of Connecticut * eBook PDF Kindle ePub Free
eBook details
- Title: Miklus v. Zoning Board of Appeals
- Author : Supreme Court of Connecticut
- Release Date : January 05, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The plaintiffs have appealed from a judgment of the Court of Common Pleas dismissing their appeal from a decision of the zoning board of appeals of the town of Fairfield which granted the application of the defendant Barbara H. Murdock: for a special exception permitting the use of her property for a 120-bed hospital in a residential area of that town. It was admitted in the pleadings that the plaintiffs are aggrieved by the board's decision, and the court so found. The court decided the appeal solely on the record returned by the zoning board, and there is no other finding. Accordingly, to ascertain the legal conclusions on which the court based its judgment, we turn to the memorandum of decision. Gordon v. Zoning Board, 145 Conn. 597, 600, 145 A.2d 746; Treat v. Town Plan & Zoning Commission, 145 Conn. 136, 140, 139 A.2d 601. In reviewing those conclusions, we must also necessarily review the facts in the record on which the conclusions are based in order to test the correctness of the conclusions. Kefauver v. Zoning Board of Appeals, 151 Conn. 144, 146, 195 A.2d 422. That record is the one submitted to us pursuant to Practice Book 647 as it may be supplemented by any relevant portions of the record before the board of appeals which are printed in the appendices to the briefs pursuant to Practice Book 719.