Legal Opinion

VIP of Berlin, LLC v. Town of Berlin

Connecticut Superior Court

Decided July 11, 2007No. File No. CV-06-4012399SPublishedCited by 2 opinions

1Opinion of the CourtShapiro, J.

In its amended complaint, the plaintiff, VIP of Berlin, LLC, seeks a declaratory judgment to determine whether the locational restrictions found in § 14-291 of article six of the Berlin municipal code, the sexually oriented business ordinance (ordinance), §§ 14-241 through 14-295, are unenforceable. The plaintiff claims that the locational restrictions are an ultra vires act, constitute de facto zoning, and were not adopted by the Berlin planning and zoning commission (commission) pursuant to the town charter and General Statutes §§ 8-1 and 8-2. In addition, if the court determines that the…

2Cases cited36 opinions

  1. England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
  2. DeMaria v. Enfield Planning & Zoning CommissionSupreme Court of Connecticut · 1970
  3. Rivera v. Commissioner of CorrectionSupreme Court of Connecticut · 2000
  4. Builders Service Corp. v. Planning & Zoning CommissionSupreme Court of Connecticut · 1988
  5. Bailey v. MarsSupreme Court of Connecticut · 1952

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3Cited by2 opinions

  1. Keepers, Inc. v. City of MilfordDistrict Court, D. Connecticut · 2013
  2. Parillo Food Grp., Inc. v. Bd. of Zoning Appeals of New HavenConnecticut Appellate Court · 2016

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