Sec. 8-9. Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court.
Sec. 8-9. Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court. Appeals from zoning commissions and planning
and zoning commissions may be taken to the Superior Court and, upon certification for
review, to the Appellate Court in the manner provided in section 8-8.
(1949 Rev., S. 845; 1953, S. 381d; February, 1965, P.A. 622, S. 4; 1971, P.A. 870, S. 13; P.A. 74-183, S. 180, 291;
P.A. 76-436, S. 159, 681; June Sp. Sess. P.A. 83-29, S. 19, 82.)
History: 1965 act included planning and zoning commissions; 1971 act added language allowing appeal to supreme
court; P.A. 74-183 made no change; P.A. 76-436 substituted superior court for court of common pleas, effective July 1,
1978; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof.
Cited. 136 C. 90. Cited. 143 C. 280. Cited. 145 C. 218, 237, 416, 435. Cited. 146 C. 665. Cited. 148 C. 33. Standard
used by court in reviewing action of zoning commission. 148 C. 172. Cited. 149 C. 681. Cited. 151 C. 484. Cited. 155 C.
365. Cited. 157 C. 522. Determination that keeping of chickens and goats was not an "accessory use" to residential property
was within discretion of local zoning board and, where board did not act illegally or in abuse of its discretion, will not be
reversed on appeal. 158 C. 509. This section and section 8-8 govern appeals from final zoning authority of municipality.
159 C. 1. Amendment of sec. 8-8 is operative as to this adopting statute and does not remain unmodified in relation to this
statute. 160 C. 239; 249. Cited. 162 C. 74. Cited. 165 C. 185. Cited. 168 C. 285. Cited. 173 C. 408. Cited. 174 C. 493.
Cited. 179 C. 250. Cited. 186 C. 106. Cited. 211 C. 85. Cited. 214 C. 400. Cited. 221 C. 374. Cited. 225 C. 731. Cited.
226 C. 80; Id., 230. Cited. 232 C. 122; Id., 419.
Cited. 2 CA 506; Id., 595. Cited. 3 CA 172; Id., 576. Cited. 4 CA 271. Cited. 5 CA 520. Cited. 6 CA 317. Cited. 43
CA 606.
Cited. 17 CS 116. Cited. 19 CS 29. This section and sections 8-3 and 8-8 are not so linked that date of publication of
notice must be considered as date decision was rendered. 26 CS 88. Plaintiffs' claim that logic dictates that legislature did
not intend that there should be an inconsistent procedure relative to appeal from decisions of zoning boards of appeal and
zoning boards and that therefore running of appeal period in case of zoning regulation should be contingent on statutory
publication is without merit. Id., 90. Equitable relief outside the framework of appeal procedure set up by statute might
be granted in the presence of allegations of fraudulent connivance or collusion on the part of local zoning board of appeals.
26 CS 334. Plaintiffs have been granted equitable relief when the zoning authority lacked the jurisdiction to take the action
which the plaintiff was challenging. Id. Equitable relief by way of an injunction will not be granted if the court finds that
the legal remedy afforded by the statute has not been exhausted. Id. Cited. 38 CS 492.