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RURAL WATER COMPANY, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF RIDGEFIELD (SC 17959)
Rogers, C. J., and Katz, Vertefeuille, Zarella and Schaller, Js. Argued March 18--officially released June 10, 2008

Robert A. Fuller, for the appellant (plaintiff). Patricia C. Sullivan, with whom was Barbara M. Schellenberg, for the appellee (defendant).

Opinion

KATZ, J. The present case arises from the decision of the defendant, the zoning board of appeals of the town of Ridgefield (board), denying the application of the plaintiff, Rural Water Company, Inc., for the variances necessary to construct a single-family dwelling on a 0.284 acre piece of property (property) located on Split Level Road in the town of Ridgefield (town). The plaintiff appeals from the trial court's judgment dismissing its appeal from the decision of the board, principally claiming that the trial court improperly concluded that: (1) the board's determination that the plaintiff had not demonstrated the hardship necessary for a variance was supported by substantial evidence; and (2) the board's denial of the plaintiff's application was not tantamount to a taking without just compensation under the fifth amendment to the federal constitution and article first,

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Connecticut Law