Dupont v. Planning & Zoning Commission

240 A.2d 899, 156 Conn. 213, 1968 Conn. LEXIS 597
CourtSupreme Court of Connecticut
DecidedMarch 6, 1968
StatusPublished
Cited by14 cases

This text of 240 A.2d 899 (Dupont 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
Dupont v. Planning & Zoning Commission, 240 A.2d 899, 156 Conn. 213, 1968 Conn. LEXIS 597 (Colo. 1968).

Opinions

Cotter, J.

The plaintiffs have appealed from a judgment of the Court of Common Pleas dismissing [215]*215the plaintiffs’ appeal from the action of the defendant the Stratford planning and zoning commission in approving amendments to the zoning regulations of the town of Stratford relative to the definition of a “shopping center” and its exemption from the distance limitation as applied to the use of the premises for the sale of alcoholic liquor.

On April 7, 1965, the commission held a public hearing on proposed amendments to twenty-five sections of the zoning regulations. The published notice stated inter alia that the public hearing was to be held “to hear arguments for and against proposed amendments for” twenty-five sections of the zoning regulations and that “[s]aid amendments concern the following.” The notice then listed twenty-five categories and listed the one pertinent to the present case as follows: “15. Regulations Relating to the Location of Places for the Sale of Ale, Wine, Beer and Liquor.” The notice ended with the statement : “Copies of the Zoning Regulations and these amendments are on file in the office of the Town Clerk and the Office of the Planning and Zoning Commission, Room 203, Town Hall.” After the public hearing, the commission, at a meeting in executive session on May 5, 1965, voted, inter alia, to approve the amendment of § 15 as to two of its subsections.1

Copies of the amendments filed in the office of the [216]*216town clerk and the office of the planning and zoning commission did not contain the words italicized in the footnote which were included in the amendments as approved by the commission in executive session. It is the claim of the plaintiffs that the action of the commission was arbitrary, illegal and in abuse of its discretion because the legal notice and public hearing were invalid, the amendments adopted discriminate in favor of shopping centers as distinguished from other groups of stores and do not bear a rational relation to the public health, safety and general welfare, and the definition of “shopping center” is illegal, unreasonable and arbitrary and bears no relation to the public health, safety and general welfare.

The published notice of the public hearing stated that the hearing would be held in the council chamber at the town hall. It was called to order by the chairman of the commission in the council chamber, as published in the notice, but was recessed and reconvened at the Stratford high school auditorium across the street from the town hall. At the time the chairman called this meeting to order, he stated, inter alia: “ [W] e have been ordered by the Assistant Fire Chief ... of the Stratford Fire Department because of limitation on standing room in this Council Chamber to recess and reconvene to another location. The facilities of the Stratford High School auditorium across the street have been made avail[217]*217able; therefore, this meeting will stand in recess and reconvene in thirty minutes at the Stratford High School Auditorium. Officer, will you please stay in attendance for that period of time in order to direct any additional interested persons to the high school.” At the public hearing, three attorneys, two of whom appeared in the trial and appellate proceedings in this case, called the attention of the commission to the wording of the proposed amendment of § 15.11 of the zoning regulations, and one attorney stated that the intendment of the proposed amendment was “not entirely clear” and that it appeared to be “considerably ambiguous.” They all stated that, if it was the intention to include shopping centers in § 15.3, the exemption clause, and thereby create an exemption for shopping centers from the 1500-foot rule and the 200-foot rule, they were opposed to the approval of the amendment. It was further stated at the public hearing, by one of the attorneys speaking in opposition, that it was understood that the “commission would, of course, intend to finalize these amendments.” It is manifest that the plaintiffs, who vigorously opposed an exemption, as well as others in attendance, were clearly alerted and anticipated that an exemption was impliedly involved, and they had an opportunity to speak in opposition to it. Weaknesses and ambiguities in the proposed amendments “might be exposed at the hearing, and if this occurred the commission should be guided accordingly.” Couch, v. Zoning Commission, 141 Conn. 349, 358, 106 A.2d 173. Upon the record, the present case is distinguishable from such cases as Hutchison v. Board of Zoning Appeals, 138 Conn. 247, 252, 83 A.2d 201, and hunt v. Zoning Board of Appeals, 150 Conn. 532, 536, 191 A.2d 553.

[218]*218Under the circumstances, the action of the chairman of the commission in recessing and reconvening the public hearing appeared to be perfectly proper. Such a course of action was not unreasonable if the requirements of the fire regulations, appropriate consideration for the safety of the public, and the expeditious accommodation of the large number of individuals who appeared in response to the public notice are kept in mind. There was no showing in the record that any individual who had planned to be present did not attend or was unable to express his opinion on the matters before the commission at the public hearing. The addition to the proposed amendment of the words in italics in §§ 15.3 and 15.11, included in the vote of the commission as adopted in executive session, did not invalidate the action of the commission as claimed by the plaintiffs. The notice as given was adequate and substantially in accord with the final action of the commission. It is apparent from the record that those who were to be affected by the proposed action were fairly and sufficiently apprised of the nature and character of the proposed action so as to enable them to prepare intelligently for the hearing and that the parties in interest and the citizens had an opportunity to be heard pursuant to General Statutes § 8-3.2 Passero v. Zoning Commission, 155 Conn. 511, 515, 235 A.2d 660.

A legislative body is allowed wide discretion in [219]*219the selection of classes although the equal protection clause requires that a zoning ordinance be applied in like manner to all those who are similarly situated. Barrett v. Indiana, 229 U.S. 26, 29, 30, 33 S. Ct. 692, 57 L. Ed. 1050. “The Fourteenth Amendment is not a pedagogical requirement of the impracticable. The equal protection of the laws does not mean that all occupations that are called by the same name must be treated in the same way. . . . If in its theory the distinction is justifiable . . . the fact that some cases . . . are very near to the line makes it none the worse. That is the inevitable result of drawing a line where the distinctions are distinctions of degree; and the constant business of the law is to draw such lines.” Dominion Hotel, Inc. v. Arizona, 249 U.S. 265, 268, 269, 39 S. Ct. 273, 274, 63 L. Ed. 597 (Holmes, J.).

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Cite This Page — Counsel Stack

Bluebook (online)
240 A.2d 899, 156 Conn. 213, 1968 Conn. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupont-v-planning-zoning-commission-conn-1968.