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Abel v. Planning & Zoning Commission
State: Connecticut
Court: Supreme Court
Docket No: SC18333, SC18418
Case Date: 07/20/2010
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

MORDECHAI ABEL ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF NEW CANAAN ET AL. (SC 18333) (SC 18418)
Norcott, Palmer, Vertefeuille, Zarella and McLachlan, Js.* Argued April 27--officially released July 13, 2010

Sanjit Shah, pro se, with whom was Marjorie Shansky, for the appellants (plaintiffs Sanjit Shah et al.). Stephen A. Finn, with whom was Mary-Kate Smith, for the appellees (defendants Grace Property Holdings, LLC, et al.). Christopher J. Jarboe, for the appellee (named defendant).

Opinion

McLACHLAN, J. The named defendant, the planning and zoning commission (commission) for the town of New Canaan (town), granted the applications of the defendants, Grace Property Holdings, LLC (Grace Property) and Pacific Farm, LLC (Pacific Farm),1 for a subdivision of property located in the town and for a special permit to build a church on a newly created parcel. The commission subsequently granted an application for an amendment to the special permit. The plaintiffs, Sanjit Shah, Mary Shah, Daniel Cooper and Karen Cooper,2 who own land in New York within 100 feet of the undivided property, appealed separately from each approval pursuant to General Statutes
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