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Pa_~e $ October 15, ,_,,.,~. Z.B.
<br />
<br />by decreasinff the incentive to de~oiIsa ' '- - ' h ' ~a~ '
<br />
<br />with h~h-,'~a 5ui!d~n~s. The city .... -- '" ' ' :~
<br />lng would create a wall along_ the iakefront tha~ wom~ .... ,~'~ away from the
<br />nei,zhbnrho,-d'< original character and "ti~ the scale" so the quality of ~fe in the
<br />neighborhood would be_.o~e'-au~,'. reduced.
<br />
<br />:o~oro~ec[~.~ public gouu.~-~
<br />s~ c~Lso." i ~_x~' ' ~': ic~k~ Shor~ Associates v. HiLL 7dL ........ ,v : '~..i 7~0 {'200J ).
<br />
<br />Standing -- Neighboring proper~y owner'sues to stop new barn
<br />Lower court assumes she was ag,%rieved
<br />Citation: Fox 'z Z,pnin~ Boczrd o/' .4g~ertls o.f' the '~gwn ,gl' ~arkh~ms~ed,
<br />
<br /> , ,o,,-,,-, , -, - ~- ' ,~ retail lumber
<br />CONNECTICUT ~ 08/~, 0~.) ~ Ha~ operated a
<br />business on her ?roperq/prior ~o the advent of zoaina in the town. z~e busi-
<br />ness operated mosdv at niTh[ and on weekends. The primary location for the
<br />business was a ~arn on rl~e ?aperty.
<br /> :u0~, :he barn burned down. Hart filed an ap~UcaUon to build a iar~er
<br />barn. After negotiations wi~h fi~e [own zoning enforcement o~icer, the new
<br />i ,;i 4' a ' '
<br />bt,~um: was authorized under several ii,rotations.
<br /> Fox. a neighborin~ proper:y owner, sued. The cout~ ruled in her favor.
<br /> ~an appealed.
<br />DECISION: Reversed.
<br /> Fox did not have the necessary ag~rievement ~o be able to sue.
<br /> Even though Hart didn'~ argue the issue, under .state law. Fox had to be an
<br />abuttin~ property owner or own property wkhin ~00 feet in order to sue. How-
<br />ever. d~ere was no evidence m the record showing Fox owned property that
<br />abutted or was located within 1:00 fee~ of fi~e Hart property.
<br /> In its decision, the lower-~ u ~
<br /> ~o r~ cited as e¥idence of a%rievement~ _ a map
<br />dep~cfin~ Hart's property and one adjoinin~ parcel chat was identified as be-
<br />ion~in~ :o Pasquaicci. [~ her brief. Fox claimed ~he map showed her prope~y
<br />abutted ~r .. ....
<br /> ~mr~ ~ and was also ~ ~ ~ ,~ radius of 1 '~0 feet.
<br /> :Oc.~[e~, ',Nlthlll a ..
<br /> klo,,vever. ,'c,'~ .... ot] ti~e., mau [denc,.fied property owned b,, Fox. In ~c~ ~ ,'
<br />:ca?~,.~,,~,,,~r ~ox:.:uuzu~_~' :: ...... _ ; ~,:': ........ .,va~ ~,-' owner ,)t' ~nronet'w.r -. <iir~,-qv across ~om Hart.
<br />
<br />':'.~.'~ ,:.i~.YL .' ~:c.',qk'i~.'v~lg: ~iiO~:'!'?7~i~]'.~[[:_:.~ ........... [;~,' ~, ..',zvr~,~
<br />
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<br />82
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