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/ Zoning Bulletin March 25, 2010 ~ Volume 4 ~ No. 6 <br />f. ~ See. also: Southwestern Bell Mobile Systems, Inc. v. Todd, 244 F.3d Sl, <br />31 Envtl. L. Rep. 20578 (1st Cir. 2001). <br />See also: MetroPC$ Inc. v. City and County of San Francisco, 400 F.3d <br />715 (9th Cir. 2005). <br />Case Note: Bell had also contended that the Board's decision deny- <br />ing the CUP was not supported by substantial evidence. The court <br />disagreed. <br />Standing-City says corporation does not have <br />standing to appeal city's denial of permit <br />application for restaurant <br />Corporation's purchase agreement for the property on which <br />it planned to construct restaurant expired <br />/~` Citation: JZ, Inc. v. Planning and Zoning Com'n of Town of East Hart- <br />` /\ ford, 119 Conn. App..243, 2010 WL 385437 (2010) <br />CONNECTICUT (02/09!10)-This case addressed the issu8 of <br />whether a corporation had standing to appeal to court denial of its ap- <br />plication for a special use permit to build a restaurant when the purchase <br />and sale agreement for property on which it planned to build a restau- <br />rant had expired before the appeal to court was made. <br />The Background/Facts: JZ, Inc. Dunkin Donuts ("JZ") was a corpo- <br />ration that sought to construct a Dunkin Donuts restaurant in the city. <br />James T. Zafiris was the president of JZ. On July 25, 2006, Zafiris <br />individually entered into a contract with Governor's Building, LLC, to <br />purchase certain real property (the "Property") in the city. It was on this <br />Property that JZ planned to construct the restaurant. Pursuant to the <br />purchase and sale agreement (the "P & S Agreement"), a condition of <br />the sale was that zoning approval for a special permit be obtained: The <br />P & S Agreement gave Zafiris up to one year (until July 25, 2007) to ob- <br />tain the necessary zoning approvals. <br />On July 23, 2007, JZ applied to the city's planning and zoning com- <br />mission (the "PZC") for a special use permit to construct a Dunkin Do- <br />nuts restaurant with adrive-through window at the Property. <br />In November 2007, the PZC denied JZ's special permit application. <br />It did so because it found that the proposed restaurant use "would likely <br />cause traffic congestion." <br />© 2010 Thomson Reuters <br />45 <br />