McLoughlin v. Planning & Zoning Commission

Citations

• 342 Conn. 737

Syllabus

The plaintiffs appealed to the trial court from the decision of the defendant planning and zoning commission, which had denied their application for a special permit to construct a crematory on property owned by one of the plaintiffs in a business park in the town of Bethel. The property is located in a business park in one of the town's two industrial zones. Prior to submitting their application, the plaintiffs proposed a text amendment to the town's zoning regulations that would make the operation of a crematory a specially permitted use in the town's indus- trial zones. The commission approved the text amendment, and the plaintiffs submitted their special permit application and an application to construct and operate a crematory on the property. After public hearings, the commission voted to deny both the plaintiffs' special permit application and their application to construct and operate a crematory. The commission reasoned that the plaintiffs had failed to meet their burden of demonstrating that their application satisfied the general standards for special permits set forth in the relevant provision (§ 8.5.E) of the town's zoning regulations. Relying on the Appellate Court's deci- sion in St. Joseph's High School, Inc. v. Planning & Zoning Commission (176 Conn. App. 570), the trial court dismissed the plaintiffs' appeal, concluding that there was substantial evidence in the record to support the commission's denial of the plaintiffs' special permit application based on the general criteria for special permits set forth in § 8.5.E. The plain- tiffs, on the granting of certification, appealed to the Appellate Court, which affirmed the trial court's judgment. On the granting of certifica- tion, the plaintiffs appealed to this court. Held: 1. The plaintiffs could not prevail on their claim that the Appellate Court misinterpreted and improperly expanded its holding in St. Joseph's High School, Inc.: the Appellate Court's holding in St. Joseph's High School, Inc., t