(DOWNLOAD) "Burke v. Board of Representatives" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Burke v. Board of Representatives
- Author : Supreme Court of Connecticut
- Release Date : January 03, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The defendant has appealed from judgments of the Court of Common Pleas overruling the action of the defendant in rejecting an amendment of the zoning map of Stamford after the amendment was adopted by the zoning board. The plaintiffs own premises located within the area changed by the amendment. For a better understanding of the issues involved, a review of the charter and statutory provisions relating to zoning in Stamford is necessary. The charter gives to a planning board the power to ""prepare, adopt and amend"" a master plan for the city. Stamford Charter 520, 522.1, 522.2; 26 Spec. Laws 1228, 1229. It gives to a zoning board the power to adopt zoning regulations and to divide the city into ""districts of such number, shape and area as may be best suited"" to carry out the general welfare purposes stated in the charter. Stamford Charter 550; 26 Spec. Laws 1234. The charter also confers on the zoning board the power, after the effective date of the master plan, to amend the zoning map, but not in such a way as to permit a use ""which is contrary to the general land use established for [the] area by the master plan."" 552; 26 Spec. Laws 1234. When the zoning map 15 amended, the owners of 20 per cent or more of the privately owned land in the area changed or the owners of 20 per cent or more of the privately owned land within 500 feet of the borders of the area may file a petition with the zoning board objecting to the amendment. 552.2; 26 Spec. Laws 1235. In that event, the amendment is without effect and the zoning board must refer the matter to the defendant, the board of representatives of the city, along with the zoning board's ""written findings, recommendations and reasons"" for the change. Ibid. The board of