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July 10, 2011 I Volume 5 I No. 13 Zoning Bulletin <br />Meaning of Language —Zoning Board Says It Is <br />Entitled To Deference In Interpreting Meaning <br />Of Term In Variance It Granted <br />Applicant contends board illegally and arbitrarily <br />interpreted term <br />Citation: R and R Pool and Patio, Inc. v. Zoning Bd. of Appeals of <br />Town of Ridgefield, 129 Conn. App. 275, 201.1 WL 2135677 (2011) <br />CONNECTICUT (06/07/11)—This case addressed the issue of <br />"whether a [local zoning board] is entitled to deference in its con- <br />sideration of the meaning of undefined words or phrases contained <br />in a certificate of variance." <br />The Background/Facts: In 1990, Richard Amatulli, a tenant of <br />certain real property in the town (the "Property"), was granted a <br />variance allowing wholesale and retail sales at the Property (the <br />"Amatulli variance"). The variance limited the type of items that <br />could be sold to: "oriental rugs, fine furniture and art ...." <br />Eventually, R & R Pool & Patio, Inc. ("R & R") became tenants <br />at the Property. In December 1998, the owners of the Property, on <br />behalf of R & R, filed with the town's planning director an appli- <br />Contributors <br />:orey E Burnham-Howar <br />For authorization to photocopy, please contact the Copyright Clearance Center et 222 Rosewood. <br />Drive, Danvers, MA 01923, USA (978) 750-8400; fax (978) 646-8600 or West's Copyright Services at <br />610 Opperman Drive, Eagan, MN 55123, fax (651) 687-7551. Please outline the specific material <br />involved, the numberof copies you wish to distribute and the purpose or format of the use. This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered; however, this publication was was not necessarily prepared by persons <br />licensed to practice law in a particular jurisdiction. The publisher Isnot engaged in rendering legal <br />or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />ST© <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice@thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • © 2011 Thomson Reuters. All Rights Reserved. <br />QuinlanTM is a Thomson Reuters brand. <br />2 © 2011 Thomson Reuters <br />