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Prevailed on Appeal from Denial of Special Permit for Gravel Bank

FCR Realty, LLC

Our client’s family has operated a gravel bank in Brooklyn, CT for over 60 years. The town recently adopted zoning regulations requiring such businesses to obtain an annual special permit to regulate their operation and ultimate closure. FCR Realty, LLC applied for permits and was granted wetlands approval but the Planning and Zoning Commission denied the special permit. We appealed the zoning denial to the Superior Court. In its October 22, 2019 decision, the court agreed with our arguments that there was insufficient evidence to support any of the three reasons that the Commission gave for its decision. The court reversed the decision and ordered the Commission to approve our client’s application.

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