Court Decisions and Other Relevant Documents



Appellate Court Case AC 22063

Poirier vs Wilton, CT ZBA

This case verified the enforcement of Conntecticut Statute 8-26a(b) which states that lots which are part of an approved sub-division are only subject to the zoning regulations in effect at the time the sub-division was approved. This is essentially a grandfather clause for sub-divisions in the state statues which supercede local regulations.




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Appellate Court Case AC 20875

Doyen vs Essex, CT ZBA

This case established the fact that increasing the height of a building that is non-conforming due to setback violation does not make the setback violation worse because of the increase in height. If the setback is defined as a linear distance from the property line or road, the height of the building (or increase in the height of the building) is not relevant in the evaluation of the setback violation.




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Appellate Court Case AC 22472

Vivian vs Clinton, CT ZBA

This case also discusses the fact that increasing the height of a building that is in violation of a setback limit does not make the extent of the setback worse as long as the increase does not cause the linear measurement of the setback worse.




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