July 13, 2011

Out-of-State Property Owners Can Appeal Local P&Z Decisions

The Connecticut Supreme Court recently ruled that out-of-state residents can challenge a Connecticut municipality’s zoning or planning commission decision that affects land within 100-feet of their properties. The CT Law Tribune notes that the decision “could ultimately affect development in the dozens of Connecticut towns that sit astride the New York, Massachusetts, and Rhode Island borders.”

The case concerned property owners in New York and Connecticut and challenged the New Canaan planning commission’s approval of a subdivision plan and special permit for a 900-person church sanctuary. The plaintiffs appealed the decision, claiming that the commission “had acted arbitrarily, capriciously, and in abuse of its discretion” in approving the project.