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Zoning Bulletin <br />May 25, 2013 I Volume 7 I Issue 10 <br />stand penmanently, with a roof and walls." The court found it undis- <br />puted that the Tines' deck had neither walls nor a roof. Thus, the court <br />concluded that the Tines' deck was not a "building" under the statute, <br />and therefore was not entitled to protection under the three-year statute <br />of limitations on enforcement actions for nonconforming buildings. <br />See also: Benson v. Zoning Bd. of Appeals of Town of Westport, 89 <br />Conn. App. 324, 873 A.2d 1017 (2005). <br />Case Note: <br />The Tines had also argued that even if the deck was not a "building," it was <br />nevertheless covered by § 8-13a(a) because it was "an integral and necessary <br />part of the house." The court disagreed. The court said if the deck was an es- <br />sential component of the house, it would have been included in the construc- <br />tion plans originally submitted to the Town. Additionally, the court noted that <br />if the deck had been deemed to be part of the house and exempt from an <br />enforcement action, notwithstanding the fact that the town never approved the <br />deck's construction, property owners would be incentivized to omit such <br />structures from construction plans, particularly when a variance is sought to <br />accommodate construction of a house, and then commence construction of the <br />deck after approval of the construction plans for the house has been received. <br />Zoning News from Around the Nation <br />IDAHO <br />The state House of Representatives is considering SB 1192a. The <br />bill, which was passed by the Senate, would "exempt a state parking <br />garage project near the Capitol from Boise city planning and zoning <br />requirements." <br />Source: The Spokesman -Review; http://www.svokesman.com <br />MICHIGAN <br />The state Senate recently approved legislation that would impart <br />"tougher penalties" on owners of blighted and neglected property who <br />do not pay their fines. Under the bills, "if a person has more than $1,000 <br />unpaid fines on a second blight violation, he or she could face misde- <br />meanor charges punishable by up to 93 days in jail, a fine up to $500, <br />or both. If the owner has three or more blight violations, the penalty is <br />up to a year in jail." The bills now head to the House for consideration. <br />Source: CBS Detroit; htty://detroit.cbslocal.com <br />© 2013 Thomson Reuters 11 <br />