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eBook details

• Title: Mcmahon v. Board of Zoning Appeals
• Author : Supreme Court of Connecticut
• Release Date : January 01, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The defendant Cott Beverage Corporation,
hereinafter referred to as Cott, appealed
to the defendant board of zoning appeals of New
Haven from the refusal of the building inspector
to permit the use of certain of its premises for
business purposes. The board overruled the
inspector, and the plaintiffs, who were residents
and property owners nearby, appealed to the Court
of Common Pleas. From a judgment sustaining the
board the plaintiffs have appealed to this court. Error is assigned in the finding. The court was
undoubtedly trying to adopt the procedure
suggested in Cohen v. Board of Appeals on Zoning,
139 Conn. 450, 453, 94 A.2d 793. While the
procedure was not followed in all respects, no
harm was thereby done to the plaintiffs. One
further claim made in connection with errors
assigned in the finding is that the statements of
counsel at the hearing before the board should not
be considered as statements of fact because they
are not competent evidence. The procedure before
the board was informal. Statements of counsel made
in open, public hearing, where they are subject to
question and contradiction from the opposition,
are entitled to such weight and credence as the
board deems them worthy to receive. This claim of
error is without merit. Parsons v. Board of Zoning
Appeals, 140 Conn. 290, 293, 99 A.2d 149.

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