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January 10, 2016 I Volume 10 I Issue 1 Zoning Bulletin <br />its challenge could be heard on the merits, in any event Morningstar had a clear <br />legal right to have its appeal transmitted to the. Board. The court affirmed the <br />Court of Appeals order that the PZA place Morningstar's appeal on the Board's <br />agenda. <br />See also: Snaith v. Forsyth County Bd. of Adjustment, 186 N.C. App. 651, <br />652 S.E.2d 355 (2007). <br />Case Note: <br />The Supreme Court of North Carolina's decision here did not address the issue of <br />whether Morningstar in fact had standing, nor did it address the merits ofMorningstar's <br />appeal. <br />Procedure/Notice—In Tight of severe <br />snow storm, zoning board <br />reschedules public hearing on <br />variance, providing notice on its Web <br />site only <br />Opponents of variance claim failure to publish the <br />rescheduled meeting in a newspaper violated <br />statutory requirements and deprived the zoning <br />board of its jurisdiction when it ruled on the <br />variance at the rescheduled meeting <br />Citation: Gibbons v. Zoning Bd. of Appeals of Town of Fairfield, 2015 WL <br />7421673 (Conn. Super. Ct. 2015) <br />CONNECTICUT (10/23/15)—This case addressed the issue of whether <br />failure to strictly comply with a statutory published notice requirement when a <br />public hearing on a variance was rescheduled because of a severe snow storm <br />deprived the zoning board of jurisdiction to conduct the rescheduled hearing or <br />whether an "exigent circumstances" exception could be applied to the statutory <br />notice requirement. <br />The Background/Facts: In February 2015, Amanda Engelman, acting on <br />behalf of 6 Catherine Street, LLC (the "Applicant") applied to the Zoning <br />Board of Appeals (the "Board") of the Town of Fairfield (the "Town") seeking <br />a variance from the minimum lot acreage requirements of the applicable zon- <br />ing district. The public hearing on the requested variance was scheduled for <br />March 5, 2015. However, on March 5, 2015, a severe snow stoma forced the <br />closing of the building at which the public hearing was to be held. A post was <br />placed on the Town's Web site indicating that the March 5 meeting was <br />"cancelled and continued to March 12, 2015." No notice by publication was <br />given in advance of the March 12 meeting. <br />10 © 2016 Thomson Reuters <br />