Rubino & Co. v. Zoning Board of Appeals

Supreme Court of Connecticut

Rubino & Co. v. Zoning Board of Appeals

200 A.2d 482, 151 Conn. 706

CourtSupreme Court of Connecticut

DecidedApril 22, 1964

StatusPublished

Cited by1 cases

This text of 200 A.2d 482 (Rubino & Co. v. Zoning Board of Appeals) 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

Rubino & Co. v. Zoning Board of Appeals, 200 A.2d 482, 151 Conn. 706 (Colo. 1964).

Pincite

Opinion

Per Curiam.

The plaintiff seeks a certificate of approval for use as a motor vehicle junk yard of premises on which it now operates a general junk yard business as a nonconforming use in a No. 1 light industrial zone in Norwalk. In this zone, no junk yards or motor vehicle junk yards are permitted. Norwalk Zoning Ordinance, §§ 5 (37), 6 (17) (1929, as amended). A zoning board of appeals, in acting on an application for a certificate of approval of a location for a motor vehicle junk yard, must first certify that the proposed location is not within a district restricted against motor vehicle junk yards before it can consider the suitability of the location for the proposed use. General [707]*707Statutes § 21-16. As the premises in the instant case are within a district restricted against motor vehicle junk yards, the zoning board of appeals could not have granted the plaintiff’s application for a certificate of approval. Petrillo v. Board of Zoning Appeals, 147 Conn. 469, 472, 162 A.2d 508.

There is no error.

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Per Curiam.

The plaintiff seeks a certificate of approval for use as a motor vehicle junk yard of premises on which it now operates a general junk yard business as a nonconforming use in a No. 1 light industrial zone in Norwalk. In this zone, no junk yards or motor vehicle junk yards are permitted. Norwalk Zoning Ordinance, §§ 5 (37), 6 (17) (1929, as amended). A zoning board of appeals, in acting on an application for a certificate of approval of a location for a motor vehicle junk yard, must first certify that the proposed location is not within a district restricted against motor vehicle junk yards before it can consider the suitability of the location for the proposed use. General [707]*707Statutes § 21-16. As the premises in the instant case are within a district restricted against motor vehicle junk yards, the zoning board of appeals could not have granted the plaintiff’s application for a certificate of approval. Petrillo v. Board of Zoning Appeals, 147 Conn. 469, 472, 162 A.2d 508.

There is no error.

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Bluebook (online)

200 A.2d 482, 151 Conn. 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubino-co-v-zoning-board-of-appeals-conn-1964.

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