Legal Opinion · Dissent

Gangemi v. Zoning Board of Appeals

Supreme Court of Connecticut

Decided January 2, 2001No. SC 16208Published

1Dissent

SULLIVAN, J.,

with whom MCDONALD, C. J., and KATZ, J., join, dissenting. The plaintiffs, Sebastian Gangemi and Rebecca J. Gangemi, claim that: (1) the no rental condition imposed by the defendant, the zoning board of appeals of the town of Fairfield (board), in connection with the board’s granting of a setback variance was personal to them and, therefore, void; (2) the board had no jurisdiction to impose the condition; (3) there was no reasonable relationship between the condition and the land use regulatoiy purpose threatened by the granting of the variance; (4) the condition discriminates…

2Cases cited54 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Dolan v. City of TigardSupreme Court of the United States · 1994
  5. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974

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