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11.05.12 - Richard Carella Successful In Zoning Case

 

In a recent matter of first impression, Attorney Richard Carella successfully represented a property owner following a Zoning Board of Appeals’ upholding of a Zoning Enforcement Officer’s cease and desist order.

In the case, reported as Madore vs. Haddam Zoning Board of Appeals, 54 Conn.L.Rptr. 14, 519 (2012); 2012 Conn. Super. Lexis 2122, (Handy, Susan B., Judge) UKS defended the rights of a widowed business owner whose husband had been operating a business out of their home for more than thirty years.  Soon after her husband passed away, the ZEO issued repeated cease and desist orders seeking to force the widow to cease business operations from her home.  Both parties conceded that no Connecticut Supreme or Appellate Court decision specifically addressed the issue of whether site plans run with the land or with the applicant.

The court ultimately sided with the widow and UKS in finding that the home occupation site plan ran with the land, and that terms in the zoning regulations limiting the term of the home occupation permit to the period during which the original applicant lives in the residence is void.

 

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