A Fairfield District Superior Court judge in Bridgeport dismissed a lawsuit filed by a town resident against the Planning and Zoning Commission and Zoning Board of Appeals. The lawsuit sought to appeal a special permit issued to local cabinet maker Frank Lisi to relocate his business to a barn to be constructed several feet away from an existing building on his Sport Hill Road property.
During a Nov. 20 hearing Judge Dale W. Radcliffe dismissed Daniel Lent’s lawsuit stating that Lent did not qualify as a classically aggrieved party, a legal requirement needed to appeal the special permit.
“The classically aggrieved definition requires the plaintiff to show that they have a personal and legal interest in the subject matter of the controversy as opposed to a community interest and that the alleged conduct has specifically injured their personal and legal interest,” wrote Radcliffe.
Lent’s claim was based on concerns of “creeping commercialization” and an alleged illegal zone change, but Radcliffe found he couldn’t demonstrate that the special permit would harm him personally or the environment.
“The plaintiff claims some environmental concerns of allowing the special permit given to the defendant that would cause a legal issue to arise, but the court would note that from the legal perspective, there is no intervening party in this action based on the environmental claims as authorized under the Connecticut General Statutes §.22a-19. Therefore, the plaintiff has failed to show both a personal and legal interest that would fall under the classical definition of aggrievement,” wrote Radcliffe.
Additionally, Lent’s appeal to the ZBA was dismissed, as there is no right to appeal the special permit granted to Lisi, and any challenge must go directly to the Superior Court.
“There is no right to appeal the issuance of special permit by the Planning and Zoning Commission to the Zoning Board of Appeals,” Radcliffe wrote. “Any appeal of the Planning and Zoning Commission to grant a special permit must be taken to the Superior Court.”
Lent, while disappointed by the outcome, believed his case had strong merit but acknowledged that he lacked standing to pursue the lawsuit. “The judge dismissed the case because we lacked standing, ” said Lent.
At the May 28 P&Z meeting, members voted 3 to 2 to approve Lisi’s special permit after debating if his accessory structure is permitted under zoning regulations. The permit places several conditions on Lisi’s business, including the number of employees, the times of operation and deliveries he can have.
