287 A.2d 741

BEATRICE A. LITTLE ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF MANCHESTER ET AL.

Supreme Court of Connecticut

HOUSE, THIM, RYAN, SHAPIRO and LOISELLE, Js.

Argued April 5, 1971

Decided April 13, 1971

Appeal from the action of the defendant commission in granting a change of zone, brought to the Court of Common Pleas in Hartford County and tried to the court, Missal, J.; judgment dismissing the appeal, from which the plaintiffs appealed to this court. No error.

Edwin A. Lassman, with whom was A. Ned Rogin, for the appellants (plaintiffs).

Philip Bayer, with whom were Herbert A. Phelon, Jr., and, on the brief, Dominic J. Squatrito, for the appellees (defendant Seelert et al.).

John F. Shea, Jr., for the appellee (named defendant).

PER CURIAM.

Where a zoning authority states the reasons for its action as required by § 8-3 of the General Statutes, the question on appeal is simply whether those reasons are reasonably supported by the record and are pertinent to the considerations which the zoning authority is required to apply under the zoning regulations. Zieky v. Town Plan Zoning Commission, 151 Conn. 265, 267, 196 A.2d 758.

Page 564

We find no error in the conclusion of the trial court that the plaintiffs failed to prove their claim that the defendant commission acted arbitrarily or illegally and thus abused the discretion vested in it. Stiles v. Town Council, 159 Conn. 212, 219, 268 A.2d 395.

There is no error.

Tagged: