618 A.2d 528

CITY OF NEW LONDON ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF WATERFORD

(14662)Supreme Court of Connecticut

The defendant’s petition for certification for appeal from the Appellate Court, 29 Conn. App. 402 [AC 10307], is granted, limited to the following issues:

“1. Was the Appellate Court correct in allowing the trial court to substitute its judgment for that of the zoning board of appeals, which held that the city of New London’s nonconforming use of its property had been abandoned?

“2. Was the Appellate Court correct in its scope of review of a trial court decision in a zoning appeal by sustaining the trial court decision on an alternative ground, when the trial court itself refused to review the administrative record on the alternate ground?”

Emmet L. Cosgrove, in support of the petition.

Thomas J. Londregan, in opposition.

Decided December 22, 1992

Page 922

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