[Download] "Guilford v. Landon" by Supreme Court of Connecticut ~ eBook PDF Kindle ePub Free
eBook details
- Title: Guilford v. Landon
- Author : Supreme Court of Connecticut
- Release Date : January 03, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The defendants have appealed from a
judgment enjoining the use of their premises
for a lumber business in violation of the zoning
regulations of Guilford. The appeal raises the
questions whether (1) the action was brought by
a proper party, (2) there has been an extension
of a nonconforming use in violation of the zoning
regulations, (3) the alterations made in the
premises by the defendants required a building
permit and a certificate of occupancy, and (4) the
defendants were properly enjoined from carrying
on their business. We shall consider first whether the action was
brought by a proper party. The writ and summons
named as party plaintiff "the Town of Guilford, a
municipal corporation . . . acting herein through
its Town Planning and Zoning Commission and the
Enforcement Officer thereof." The defendants
pleaded in abatement and alleged in substance
that the town had no legal right to bring an
action through others, that the commission and
the enforcement officer had no legal right to sue
on behalf of the town, and that the action should
have been brought by the town, or by the individuals
comprising the commission, or by the person who was
the enforcement officer. The real party in interest
is the town. There is a definite public interest to
be protected in the enforcement of
[146 Conn. 180]