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Giarrantano v. Zoning Board of Appeals
State: Connecticut
Court: Court of Appeals
Docket No: AC19519, AC19527
Case Date: 10/17/2000
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. ****************************************************** DICK GIARRANTANO v. ZONING BOARD OF APPEALS OF THE CITY OF NORWICH ET AL. (AC 19519) (AC 19527)
Schaller, Spear and Hennessy, Js. Argued June 2--officially released October 17, 2000 Counsel

Michael P. Carey, for the appellant (defendant Rodney Green). Marc Mandell, assistant corporation counsel, for the appellant (named defendant). Beth A. Steele, for the appellee (plaintiff).
Opinion

SCHALLER, J. The defendant Rodney Green, in AC 19519, and the defendant zoning board of appeals of the city of Norwich (board), in AC 19527, appeal from the judgment of the trial court sustaining the appeal of the plaintiff, Dick Giarrantano, from the board's decision to grant variances to Green that would permit him to build a thirty-six unit hotel on his commercially zoned

property. The trial court determined that the record did not support the board's conclusion that a hardship existed. We reverse the judgment of the trial court. The following facts and procedural history are relevant to a disposition of these appeals. The subject property in this case is located at 336-360 West Main Street, Norwich, in a general commercial zoning district. On or about October 10, 1996, Green acquired ownership of the property from a foreclosing bank. When Green acquired the property, a nonconforming residence existed on the property. Thereafter, it became Green's intention to construct a thirty-six unit hotel on the property. On December 18, 1997, Green submitted an application to the board seeking variances from
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