Spalding v. Board of Zoning Appeals

The defendants Sidney Cantor and Bobert McMullen were granted a variance of the zoning regulations of the city of New Haven by the defendant board. The plaintiffs, owners and residents of neighboring premises, appealed to the Court of Common Pleas. The court rendered judgment sustaining the appeal, and from that judgment Cantor and McMullen, hereinafter referred to as the defendants, have appealed to this court.

On April 8, 1953, the defendants purchased a vacant corner parcel of land, known as 1250 Whalley Avenue, in New Haven. The property was then, and is now, in a residence B zone. Before…