Lime Rock Park, LLC v. Planning & Zoning Commission

Citations

• 335 Conn. 606

Syllabus

Pursuant to the statute (§ 14-164a (a)) governing motor vehicle racing, such racing ''may be conducted at any reasonable hour of any week day or after twelve o'clock noon on any Sunday,'' and ''[t]he legislative body of the . . . town in which the race or exhibition will be held may issue a permit allowing a start time prior to twelve o'clock noon on any Sunday, provided no such race or exhibition shall take place contrary to the provisions of any . . . town ordinances.'' The plaintiff, which owns property in the town of Salisbury, brought an administrative appeal in the trial court, challenging the validity of certain amendments to the town's zoning regulations concerning the racing of motor vehicles that the defendant planning and zoning commission had adopted in 2015. Motor vehicle racing had taken place on a racetrack on the property since 1957, when the town had no zoning regulations. In 1958, a group of town residents and entities brought a nuisance action against the owners of the property at that time, alleging that the noise and traffic associated with the racing activities interfered with the enjoy- ment of their own properties. The trial court rendered judgment in 1959 for the plaintiffs and granted a permanent injunction prohibiting racing activities on the property on Sundays, limiting mufflered racing activities to certain times on weekdays, and prohibiting unmufflered racing except during certain hours on Tuesdays, ten Saturdays a year, and certain holidays. Shortly thereafter, the town adopted zoning regulations for 335 Conn. 606 NOVEMBER, 2020 607 Lime Rock Park, LLC v. Planning & Zoning Commission the first time, which allowed racing activities only during such hours as permitted by statute. In 1966 and 1968, the parties to the nuisance action entered into court approved stipulations that modified the court's original judgment with respect to, inter alia, certain aspects of unmuf- flered racing activity but maintained the ban on racing on Sundays.