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WHITNEY THEATRE CO. v. ZONING BOARD OF APPEALS

150 Conn. 285 (1963)

WHITNEY THEATRE COMPANY, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF HAMDEN ET AL.

Supreme Court of Connecticut.

Decided February 19, 1963.

Attorney(s) appearing for the Case

John J. Resnik, with whom was Nathan A. Resnik, for the appellant (plaintiff).

William L. Hadden, Jr., with whom were Francis P. Barberio and, on the brief, William L. Hadden, for the appellee (defendant Hamden Mart, Inc.); with him also, on the brief, was Robert W. Carangelo, for the appellee (named defendant).

BALDWIN, C. J., KING, MURPHY, SHEA and ALCORN, JS.

ALCORN, J.

Hamden Mart, Inc., owns property at 2300 Dixwell Avenue in Hamden. The property is in a business CA-1 zone. The Hamden zoning regulations do not include an indoor theater among the permissible uses in such a zone. The property embraces about twenty-nine acres of land developed as a shopping center and occupied by twenty-three business establishments, including two department stores, a supermarket, a bank, a gasoline-repair station, a forty-lane bowling...

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