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May 31, 2016
Favorable Results Obtained in Zoning Matters

James J. Perito recently obtained positive results for their client, Spinnaker Residential LLC, securing three successful zoning decisions.

The owner of a competing property brought administrative appeals against our client, who plans to construct an upscale mixed-use development in downtown New Haven near Wooster Square, in regards to a zone change, zone map amendment, and two site plan approvals. The New Haven City Plan Commission and Board of Alders had previously approved the changes, and the competing property owner asserted that the decision was not in accordance with the City’s Comprehensive Plan of Development and that the amendments constituted spot zoning.

In May of this year, the court upheld the Commission and Boards’ decisions and dismissed the appeals.

The competing property owner subsequently filed a Petition for Certification to the Appellate Court seeking review of the trial court’s dismissal of its appeal of the City’s approval of the zone change and zone map change. On September 14, 2016, the Appellate Court denied the Petition.

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James J. Perito
Land Use, Planning/Zoning & Wetlands