Bartsch v. Planning & Zoning Commission

This appeal arises out of the decision of the named defendant granting the application of the remaining defendants, Milton I. Schwartz, George J. Geanuracos, John F. McGarry, Melvyn Rapoport and Purification Pua, for a zone change and special permit to allow the construction of a medical office building in what had been a Residential AA zone. The trial court dismissed the plaintiffs’1 appeal, and we granted their petition for certification to appeal to this court. We find error.

On February 23, 1983, the defendant Milton I. Schwartz applied to the commission to amend the town zoning map and…