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Publications from Glastonbury CT Law Firm

 

Public hearning procedures for wetlands agencies by Mark Branse Glastonbury CT Law Firm

Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin, 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK and so does Conn. Gen Stats.§ 7-159b (PA 03-184 §1). Should have regulations on this, however ... (PDF)

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Free speech and political signs by Mark Branse and Brendan Schain Glastonbury CT Law Firm

Pursuant to Connecticut General Statues 8-2, a zoning commission may regulate, "the height, size and location of advertising signs and billboards." Like other types of speech, restrictions on signs that are related to "time, place and manner" are permissible under the United States Constitution so long as those restrictions are content neutral. (PDF)

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Advanced planning and zoning seminar: Attaching conditions to approvals, extension, modifications and revocations of approvals by Mark Branse Glastonbury CT Law Firm

The authorizing General Statutes create confusion for land use agencies because the language is different for different kinds of decisions. Thus, it is desirable to examine each type of decision individually. (PDF)

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Town of scotland required permits for all outdoor wood burniing furnaces Glastonbury CT Law Firm

Town of Scotland, Resolution of the Board of Selectman of the Town of Scotland regarding Required Building Permits for any Outdoor Wood Burning Furnace. (PDF)

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Irrevocable letter of credit Glastonbury CT Law Firm

Irrevocable Letter of Credit. (PDF)

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Town of Old Lyme passbook forms Glastonbury CT Law Firm

Passbook Forms. (PDF)

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Ordinance establishing citation procedures and fines for zoning violations Glastonbury CT Law Firm

It is hereby ORDAINED by the Board of Selectmen of the Town of Cromwell that Chapter 236 of the Cromwell Code be amended so as to add the following Article I:

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Seminar on legal remedies in zoning enforcement by Mark Branse Glastonbury CT Law Firm

Local Government is a creature of the State and has no powers other than those conferred by Statute or reasonably necessary to carry out those powers.

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Aggrievement and standing in land use appeals by Mark Branse Glastonbury CT Law Firm
The terms ‘aggrievement’ and ‘standing’ have been used interchangeably throughout most of Connecticut jurisprudence. . . . Although these two legal concepts are similar, they are not, however, identical.” Gladysz v. Planning & Zoning Commission, infra. If you are aggrieved, then you have standing to bring the appeal. Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected.” (Internal quotation marks omitted). Huck v. Inland Wetlands and Watercourses Agency, 203 Conn. 525, 530 (1987) quoting O’Leary v. McGuinness, 140 Conn. 80, 83 (1953). You could have standing without being aggrieved only if you are a “party”. You may lack “standing” because the cause of action is not one which you are authorized to bring. “Standing” is the right to raise the legal and factual issues before the court so that they may be adjudicated and implicates the court’s subject matter jurisdiction. Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 509 (1978). Standing is essential to subject matter jurisdiction. D. S. Associates v. Planning and Zoning Commission, 27 Conn. App. 508, 511 (1992).

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Public Hearing Procedures by Mark Branse, Glastonbury CT Law Firm
Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin , 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK; and so does Conn. Gen. Stats. § 7-159b (PA 03-184 §1). Should have regulations on this, however. (PDF)

View/Download Public Hearing Procedures Outline
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