Parrett Porto Successfully Defends Against a Zoning Appeal

Parrett Porto is proud to announce our successful defense against a zoning appeal that jeopardized our client’s business and property interests.

Applying for a special permit from your local zoning board is already intimidating. You invested time and money in your property.  You may want to build an addition to your home to support a growing family or expand the size of your business to meet rising demand. However, you may need a special permit from your local zoning board or zoning commission to make those dreams a reality.  

Even after you successfully persuade the zoning officials, a third party may file an appeal claiming that the zoning officials made a mistake. To come so close the finish line only to hit yet another bureaucratic barrier can be frustrating.

Strategic Zoning Appeal Defense

Our legal team is experienced in defending zoning appeal challenges. This September, the Superior Court dismissed a hostile zoning appeal after reviewing the arguments presented by two of our attorneys, Joseph Porto and Aaron M. Katz.

Our client is a local business in the typical Connecticut town, owned and operated by a local family that proudly served their community for generations. Our client obtained approval for a special permit from their local zoning commission to include a new stormwater runoff management system and drainage outlet. This would allow them to expand the footprint of their operations. 

However, a third party filed an appeal seeking to have the zoning commission’s decision reversed. The appellant made three erroneous claims. First, the notice of the original application hearing was inadequate and misleading. Second, that our client allegedly failed to comply with the bonding, set back and insurance requirements. Third, the commission incorrectly concluded that the application complied with public health regulations.  

Our attorneys successfully refuted each of these three claims. We demonstrated that the notice was sufficient based on the simple fact that the requirements were in fact met, and that the community is more likely to recognize the name of a local business rather than an obscure legal name. Our attorneys are capable of guiding the Superior Court towards a common sense approach.  

Regarding the bonding and insurance requirements, Parrett Porto’s attorneys are knowledgeable of legal precedents that prevent an appeal from raising claims that were not made during the original hearing. The appellant failed to raise these issues at the hearing and we informed the court that it had no choice but to dismiss.

The third issue highlights the importance of consulting experts in your zoning application. Our client provided experts such as an engineer to support the application for the special permit. The appealing party did not. The court upheld the zoning commission’s decision. In cases where the testimony of an expert is uncontroverted, the zoning commission must rely on that expert’s opinion. 

Successful Outcome: Appeal Denied

After thorough consideration, the Superior Court ruled in our client’s favor and denied the appeal. This outcome safeguarded our client’s right to develop and utilize their property as approved, securing both their investment and preserving a key business for the community as a whole. We are honored to have obtained this favorable outcome for our client.

Contact Parrett Porto

Navigating zoning and land use laws demands specialized knowledge and experience. It requires not only an elevated understanding of the law, but a grounded perspective attune with your residential or commercial needs and how they fit into the rhythm of your community. We offer full-service legal counsel in zoning and land use planning. Contact our office today to schedule a consultation with an experienced zoning attorney and discover how we can safeguard your property rights and advance your goals.

Disclaimer: The information above is for marketing and general informational purposes only and does not constitute legal advice. Viewing this information does not create an attorney-client relationship. Please consult an attorney regarding your specific matter.