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<br />Zoning Bulletin <br /> <br />ties other than a contractor's yard when it applied for the. certificate of <br />zoning compliance and proposed the stipulated conditions. <br />The ZBA agreed with the commission and upheld the cease and de- <br />sist order. <br />Smith appealed to the trial court. The trial court found for Smith. <br />The ZBA appealed. <br /> <br />DECISION: Reversed; remanded with directions. <br /> <br />On appeal, the court said a la~downer "abandoned" a use if there <br />was evidence that the owner intended to permanently relinquish the non- <br />conforming use. The court said that by initiating the application for the <br />certificate of zoning compliance, Smith became bound by the outcome. <br />Once the stipulations in the application were imposed, that document <br />became the operative document with respect to the permitted uses of <br />the property, explained the court. The court said that Smith could have <br />appealed the imposition of the conditions in the certificate. Since he did <br />not, the court agreed with the ZBA that Smith abandoned the preexist- <br />ing, nonconforming 'uses. <br />Accordingly, the court concluded that the activities highlighted in the <br />commission's cease and desist order were not permitted because such <br />activities, even if they were preexisting, nonconforming uses, had been ) <br />abandoned. The court remanded the case with direction to the trial court <br />to dismiss Smith's appeal in its entirety, thus upholding the commission's <br />cease and desist order. <br /> <br />(,,--.. <br />~ <br /> <br />See also: Upjoh~ Co. v. Zoning Bd. of Appeals of Town of North Haven, <br />224 Conn. 96, 616 A.2d 793 (1992). <br /> <br />See also: Spectrum of Connecticut, Inc. v. Planning and Zoning Com'n <br />of Town of Ellington, 13 Conn. App. 159, 535 A.ld 382 (1988). <br /> <br />Moratorium-:-State imposes moratorium on use <br /> <br />of comprehensive permit applications <br /> <br />Developer argues pending application is not subject to <br />moratorium because it is substantially complete <br /> <br />Citation: Town of Burrillville v. Pascoag Apartment Associates, LLC, <br />950 A.2d 435 (R.I. 2008) <br /> <br />RHODE ISLAND (07/03/08)-Rhode Island's Low and Moderate In- <br />come Housing Act (the Act) provided builders with a streamlined and <br />expedited application procedure. The procedure provided that a builder_) <br />could file with the local zoning board a single application for a cQmpre- <br /> <br />10 <br /> <br />@ 2008 Thomson ReutersNVest <br /> <br />104 <br />