Whisper Wind Development Corp. v. Planning & Zoning Commission

The plaintiff appeals from the judgment of the trial court dismissing its appeal from the decision of the planning and zoning commission of the town of Middlefield, which had denied its application for a special permit. The plaintiffs application sought *517approval for the excavation and removal of sand and gravel from a fifteen acre parcel of land. On appeal, the plaintiff claims that the trial court improperly (1) concluded that the plaintiffs failure to meet the general health, safety and welfare requirements set forth in the town’s zoning regulations may be considered in determining whether…