Kraiza v. Planning and Zoning Commission of the Town of Hartland, 304 Conn. 447

41 A.3d 258 (2012) · Supreme Court of Connecticut · April 24, 2012 · No. No. 18667

Summary

The Supreme Court of Connecticut considered whether a proposed dead-end street, Hazel Lane, should be treated as an extension of an existing loop road, Eastwood Drive, for purposes of Hartland's subdivision regulations. The court held that the roads were separate and distinct, that Hazel Lane independently satisfied the applicable requirements for a permanent dead-end street, and that Eastwood Drive was not itself a dead-end street under the regulations. The court reversed the Appellate Court's judgment and remanded with direction to sustain the plaintiff's appeal.

Holdings

  1. Hazel Lane and Eastwood Drive are separate and distinct roads and may not be combined when determining compliance with the 1,200-foot limitation for permanent dead-end streets.
  2. Eastwood Drive is not a dead-end street because its loop configuration permits travel in two directions to reach the stem and Route 20 and it lacks a closed end with the required turnaround roadway.
  3. The commission improperly denied the application because Hazel Lane complied with the permanent dead-end-street requirements and the regulations did not authorize combining its length with Eastwood Drive or treating Eastwood Drive as a dead-end street.

Questions Presented

  1. Whether Hazel Lane and Eastwood Drive constitute one continuous or extended dead-end street whose combined length exceeds the 1,200-foot limitation in the Hartland subdivision regulations.
  2. Whether Eastwood Drive, a loop road with a stem connecting to Route 20, satisfies the regulatory definition of a dead-end street.
  3. Whether the commission properly denied Kraiza's subdivision application under the Hartland subdivision regulations.

Disposition

reversed_and_remanded

Cases Cited (7)

  • Kraiza v. Planning & Zoning Commission, 121 Conn. App. 478, 480-82, 485-86, 490, 495-97, 501-02, 997 A.2d 583 (2010)(reversed)
  • Alvord Investment, LLC v. Zoning Board of Appeals, 282 Conn. 393, 408-09, 920 A.2d 1000 (2007)(followed)
  • Graff v. Zoning Board of Appeals, 277 Conn. 645, 652-53, 894 A.2d 285 (2006)(followed)
  • Planning & Zoning Commission v. Gilbert, 208 Conn. 696, 706, 546 A.2d 823 (1988)(followed)
  • 200 Associates, LLC v. Planning & Zoning Commission, 83 Conn. App. 167, 173-74, 851 A.2d 1175 (2004), cert. denied, 271 Conn. 906, 859 A.2d 567 (2004)(analogized)
  • Springborn v. Falmouth, 769 A.2d 852, 857 (Me. 2001)(analogized)
  • Kraiza v. Planning & Zoning Commission, 298 Conn. 904, 3 A.3d 70 (2010)(prior history)

Cited In (0)

No citing cases on record yet.

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