Kinney v. Sutton

The zoning ordinance under consideration was adopted pursuant to the authorizing act, which was originally enacted by the General Assembly of 1923 and which is now codified as Article 14 of Chapter 160 of the General Statutes.

The appellant asserts initially that he is entitled to the certificate of occupancy sought by him as a matter of right because the proposed use conforms to the use regulations prescribed by the ordinance for the district in which the premises at 1122 East Morehead Street are situated.

The zoning ordinance does not expressly stipulate that property in a residence 2…