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SCHWARTZ v. PLANNING & ZONING COMMISSION

(13223)

208 Conn. 146 (1988)

IRENE SCHWARTZ ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF HAMDEN

Supreme Court of Connecticut.

Decision released July 5, 1988.

Attorney(s) appearing for the Case

Harriette K. Dorsen, pro hac vice, with whom were John Siegal, pro hac vice, Peter M. Sipples and, on the brief, Susan L. Jacobs, for the appellants (plaintiffs).

Hugh I. Manke, town attorney, with whom, on the brief, was Edan F. Calabrese, for the appellee (defendant).

Theodore M. Space and J. Russell VerSteeg of the Connecticut bar, and Marcia D. Seeler and Wayne S. Henderson, of the Massachusetts bar, filed a brief for the Wadsworth Atheneum as amicus curiae.

Martin Margulies and Philip D. Tegeler filed a brief for the Connecticut Civil Liberties Union Foundation as amicus curiae.

SHEA, CALLAHAN, GLASS, COVELLO and HULL, JS.

CALLAHAN, J.

The plaintiffs, Irene Schwartz, David W. Bermant, Robert L. Bermant as trustee, Lois Zenkel and Richard J. Schwartz, as tenants in common doing business as Hamden Plaza, have filed the instant appeal from a judgment of the Superior Court dismissing their appeal from a decision of the planning and zoning commission of the town of Hamden (commission), wherein their application for a site plan approval was denied. The trial court found that a thirty-two...

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