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If plaintiff files such a motion later, the court will entertain it along with any opposition which defendant may voice. Nature of the Subject Premises The parties are not at odds in their descriptions of the subject premises.At this time, though, it will consider plaintiff to have at least potentially or in a representative capacity proven aggrievement to a degree sufficient to allow a review of his appeal on the merits. 360 Gendron Road in Plainfield is a tract of approximately 6.87 acres now developed with five commercial or industrial buildings, and one single-family residence.“[I]n acting on an application for the creation of a district, a planning and zoning commission acts in its legislative capacity. 500 (2006), the Supreme Court observed that “[t]he approval of a planned development district is not different from the creation of any other new zoning district,” and that “the creation of planned development districts ․ is comparable to the creation of floating zones,” at pp. At note 11, the decision distinguished the granting of a special exception from the creation of a floating zone: the first is administrative, the second legislative.When the defendant approves a district, a new zone is created and a change to the zoning map is needed to accommodate the approval. Campion was construing the powers of the New Haven zoning authorities under a Special Act passed in 1925 authorizing zoning in that municipality, and not the authority of Plainfield and similar towns acting under the authority of Chapter 124 of the General Statutes.Howard Haggett filed both the application for a permit which is the subject of this appeal, and the appeal itself, individually. He claims to be the manager and sole member of that limited liability company. 206 (2009) is not authority to the contrary; for even while it upheld the right of individual plaintiffs to sue alongside the limited liability company which they owned, it did so because they had pled an individual right arising from the insurance contract whose terms the court was asked to determine.At the hearing before this court on his appeal, he introduced as an exhibit a copy of a warranty deed showing that the title to the premises has been held at all relevant times by 360 Gendron Road, L. The application (Record, 123) that he filed with the defendant lists him as “applicant” and the company as “owner,” but a line querying the nature of the relationship between “applicant” and “owner” has been left blank. CV06 5006235, Superior Court, Judicial District of New Haven (2007; Bellis, J.) (dismissing that portion of a complaint brought by an individual member of the plaintiff limited liability company on her own behalf); Stanziale v. CV 04 0412495, Superior Court, Judicial District of Fairfield at Bridgeport (2008; Arnold, J.) (allowing, under the circumstances of the case, substitution of the company as plaintiff in lieu of the individual plaintiffs); and Tabacco v. X04 CV 08 5026131, Superior Court, Judicial District of Hartford at Hartford (2011; Shapiro, J.). Prior case law involving corporations recognized a similar distinction between such an entity and the shareholders who were its owners; see, e.g., Smith v. 456 (2004), which dismissed the claims made by individual shareholders after holding that those claims properly belonged to the corporation instead. As Judge Berger noted therein, if a person wants a limited liability company “to have a separate legal existence, whether to avoid liability issues with the property or for some other purpose, he must respect and not ignore [that] legal existence in the land use process.Succinctly put, “[w]hen a commission has acted legislatively ․ the defendant has wide and liberal discretion ․ and is free to amend its regulations whenever time, experience, and responsible planning for contemporary or future conditions reasonably indicate the need for a change ․ In contrast, when acting in an administrative capacity, a zoning commission's more limited function is to determine whether the applicant's proposed use is one which satisfies the standards set forth in the regulations and the statutes;” West Hartford Interfaith Coalition, Inc. The freedom to amend extends to the freedom to refuse to amend; Mac Kenzie v. Plaintiff argues that in this case the commission acted administratively.
An unidentified female voice is heard to say “Yeah, I think that's good,” whereupon the Commission turned to other business. Plaintiff acknowledges the dichotomy between legislative acts and administrative acts as they come before the court. 498, 505–06, n.10, (1994) (citations and internal quotation marks omitted).
Admissions, whether judicial or evidentiary, are concessions of fact, not concessions of law,” citing C. “A judicial admission, like a stipulation between parties, serves to inform, rather than to bind, the court's independent plenary determination of the pertinent zoning regulations;” 106 Conn. Each of these decisions in part illustrated this distinction through a discussion of the rather obscure case of Loew v. It has come here, like Ahab on the deck of the Pequod, prepared to battle forward to victory “be the white whale agent, or be the white whale principal.” This court takes note that plaintiff has not sought the cure of substitution by filing a motion seeking permission to do so.
Neither has defendant filed a motion to dismiss, however.
The commercial buildings have been divided into nine distinct rental units and one small storage facility, and are in various states of tenancy or vacancy at the moment.
The site is located within a zone designated as “RA–60,” shorthand for “Residential—minimum lot size 60,000 square feet.” Its current status is non-conforming, as most of the construction and commencement of those uses on site occurred before the town's present regulatory regime was enacted. Regulations and Proceedings Pertinent to Plaintiff's Application What separates the parties is their interpretation of the meaning and applicability of Section 11 of Plainfield's Zoning Regulations, providing for the creation of a “Planned Development District” (PDD) under defined circumstances. 11.1 authorizes the Planning and Zoning Commission to allow such a project when, inter alia, it determines that the proposed use would not adversely affect the surrounding area and when allowing it would be harmonious with the character of the town and the neighborhood surrounding it and consistent with the comprehensive plan of development of the town.
Describing the project as “an unusual mix” with a benefit mainly of economic value to the applicant, the members unanimously passed a motion denying the application “for the reasons so stated.” (Record, 67–70.)In addition to substantive issues, plaintiff claims on appeal a procedural error also. 11.4, which provides for an informal review of an application for a PPD prior to the submission of a formal application for approval.