71 ARCH STREET, LLC v. PLANNING AND ZONING BOARD OF APPEALS OF THE TOWN OF GREENWICH ET AL.,

2006 Ct. Sup. 15550
No. FST DN CV 05 4004071 SConnecticut Superior Court Judicial District of Stamford-Norwalk at Stamford
August 25, 2006

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (118.00)
EDWARD R. KARAZIN, JUDGE.

The court denies the motion for summary judgment. The court finds there are substantial issues of material fact as to: (1) whether the ZBA has admitted the Cease and Desist Order was erroneously and improperly issued to the plaintiff, (2) whether the defendant has clearly admitted that the ZEO erred in issuing the Cease and Desist Order against the plaintiff, (3) whether the decision of the PZBA was mooted because of any action or inaction of the ZEO.

SO ORDERED. CT Page 15551