KSC Realty Trust v. Town of Freedom

The plaintiffs, William Foord, Carol Foord and the KSC Realty Trust, appeal an order of the Superior Court (O’Neill, J.) affirming the decision of the Town of Freedom Zoning Board of Adjustment (ZBA) prohibiting the plaintiffs from using their land to sell water. We reverse.

The relevant facts follow. The plaintiffs purchased approximately 170 acres in the Rural Residential Zone of the town of Freedom in 1976. The land contains spring canals that release acquified water from underground. From 1976 to 1983, the plaintiffs used the canals only for residential use on the property. In April 1987,…