Parslow v. Zoning Bd. of App. of Town of Middletown

Opinion

LAVERY, J.

The defendant Seventeen Oaks, LLC, appeals from the judgment of the trial court sustaining the appeal of the plaintiff, Christopher Parslow,1 from the decision of the zoning board of appeals of the town of Middletown (board)2 that overturned the cease and desist order of the zoning and wetlands officer and held that the retail sale of food on a residentially zoned *351property was a preexisting, legal nonconforming use. The defendant claims that the court improperly (1) allowed the submission of evidence not before the board under General Statutes § 8-8 (k) and (2) substituted…