Gay v. Zoning Board of Appeals

Opinion

DUPONT, J.

The defendant, the zoning board of appeals of the town of Westport (board), appeals from *381the trial court’s judgment sustaining the plaintiffs’1 appeal from the board’s denial of their application for the removal of a condition prohibiting construction on a certain lot owned by the plaintiffs.2 The condition had been imposed by the board in 1966 with the agreement of a predecessor in title of the plaintiffs in connection with the predecessor’s application for a variance on other, noncontiguous land that he owned. The primary issue of this case is whether the condition was void…