D & J Quarry Products, Inc. v. Planning & Zoning Commission

585 A.2d 1227, 217 Conn. 447, 1991 Conn. LEXIS 47
CourtSupreme Court of Connecticut
DecidedFebruary 12, 1991
Docket14059
StatusPublished
Cited by37 cases

This text of 585 A.2d 1227 (D & J Quarry Products, Inc. v. Planning & Zoning Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D & J Quarry Products, Inc. v. Planning & Zoning Commission, 585 A.2d 1227, 217 Conn. 447, 1991 Conn. LEXIS 47 (Colo. 1991).

Opinion

Peters, C. J.

The issue in these consolidated appeals is the extent of local authority to amend zoning regulations so as to prohibit the accessory processing of earth products excavated beyond town limits. Following the adoption of such amendments by the planning and zoning commission of the town of Beacon Falls (commission), the plaintiffs, D & J Quarry Products, [449]*449Inc., O & G Industries, Inc., and Hamden Sand and Gravel Company, appealed to the Superior Court. Each plaintiff raised similar, albeit not identical, claims that adoption of the amendments illegally restricted their right to continue valid nonconforming uses of their respective properties.1 The court, Fuller, J., sustained their appeals, holding that the amendments: (1) violated the protection that General Statutes § 8-22 affords to nonconforming uses; and (2) illegally discriminated against processing operations based on the source of materials processed. Upon the Appellate Court’s granting of its petition for certification, the commission appealed from the trial court’s judgment.3 We transferred the appeal to ourselves pursuant to Practice Book § 4023 and now reverse.

As the trial court found in its memorandum of decision, the plaintiffs are operators of mining, excavation and gravel processing facilities located in industrial and industrial park zones within the town of Beacon Falls. In their processing operations, they have increasingly utilized sand, gravel and stone (hereinafter earth products) that have been excavated outside of the town. Between late 1987 and 1988, D & J Quarry Products processed only earth products imported from other [450]*450towns. Similarly, the trial court found that in recent years, O & G Industries has increasingly relied upon imported earth products. The trial court noted that “[tjhere is a dispute between the three plaintiffs and the Commission over the status of the uses of the plaintiffs’ properties and whether they are illegal uses, nonconforming uses or permitted uses under the Zoning Regulations.” In the present proceedings, the plaintiffs did not present a factual record, either before the commission or before the trial court, that would have enabled this dispute to be resolved.

The sole issue before the trial court was the facial validity of amendments to the town’s zoning regulations enacted by the commission, following a public hearing on September 7,1988, in order to address local concerns about perceived changes in the nature of earth products processing operations in Beacon Falls. As the trial court acknowledged, the commission, acting in a legislative capacity, had broad authority to adopt the amendments. See Primerica v. Planning & Zoning Commission, 211 Conn. 85, 96, 558 A.2d 646 (1989); Burnham v. Planning & Zoning Commission, 189 Conn. 261, 265, 455 A.2d 339 (1983). The trial court properly refused to substitute its judgment for that of the commission and limited its review to a determination of whether the record reasonably supported the commission’s decision to adopt the amendments. See Primerica v. Planning & Zoning Commission, supra; Burnham v. Planning & Zoning Commission, supra; Calandro v. Zoning Commission, 176 Conn. 439, 440, 408 A.2d 229 (1979).

The record before the trial court manifested itself in the form of a preamble to the amendments. The preamble articulated the commission’s findings that: (1) dust, smoke, noise and vibrations from the processing operations were having an adverse impact upon the health [451]*451of the community; (2) heavy truck traffic associated with the operations had created hazardous road conditions for children, pedestrians and motorists, and had accelerated deterioration of local roadways; and (3) the town was “in danger of permanently becoming an earth products processing center for the region because other municipalities prohibit earth products processing in many instances . . . .” The commission perceived a risk, already realized in part, that the focus of local mining enterprises would shift, as the mines were gradually depleted, from mining operations to full-fledged free-standing processing operations utilizing earth products imported from sources outside of the town. The trial court concluded, despite the plaintiffs’ pleas to the contrary, that the record supported the commission’s decision to amend the zoning regulations. That conclusion has not been challenged in this appeal.

The zoning regulations, as amended, prohibit all earth products processing in all districts. The amendments also make accessory processing operations established prior to the effective date of the amendments nonconforming uses, subject to the requirements of § 64.11 of the regulations. The amendments do not expressly address the status of formerly principal processing operations, a deficiency that the plaintiffs contend is fatal to their validity.

The authority for local enactment of zoning regulations is found in General Statutes § 8-2. Relying on the provision of § 8-2 that “[zoning] regulations shall not prohibit the continuance of any nonconforming use . . . existing at the time of the adoption of such regulations,” the plaintiffs argued that the amended regulations precluding the further processing of imported materials exceeded the commission’s statutory authority. The trial court agreed and held that the aforementioned amendments were invalid to the extent that they [452]*452applied to “existing nonconforming uses engaged in processing of materials as of the effective date of the zoning amendments.” The court further held that the amendments violated § 8-2 because they were based on the source of materials rather than on the “use of land.”

The commission’s appeal challenges both of the trial court’s grounds for invalidating the zoning amendments. On the issue of the preservation of nonconforming uses, the commission maintains that the amendments are valid under § 8-2 because, without infringing upon any preexisting principal or accessory processing use that the plaintiffs may be able to establish, they purport only to ensure that accessory uses do not become principal uses through the importation of earth products after local mines have been depleted. With respect to the validity of distinctions based upon the geographical source of the processed earth materials, the commission maintains that its actions were authorized by the general police power conferred upon municipalities by General Statutes § 7-148 (c) (8) (C).4

I

Before proceeding to the merits of the commission’s appeal, we first consider the scope of our review. Each of the briefs contains considerable argument about the status of the various plaintiffs’ processing operations under the town’s zoning regulations prior to their amendment in 1988. Furthermore, the commission argues here, as it did at trial, that, even prior to the amendments, earth products processing had enjoyed [453]*453only accessory use status. The plaintiffs maintain, to the contrary, that processing had always been a permitted principal use of land under the regulations.

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Bluebook (online)
585 A.2d 1227, 217 Conn. 447, 1991 Conn. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-j-quarry-products-inc-v-planning-zoning-commission-conn-1991.