Conn. Gen. Stat. § 8-11
This is the official text of Conn. Gen. Stat. § 8-11, part of Connecticut’s Gen. Stat — part of the compiled statutory law of Connecticut, published by the state as "Gen. Stat." Browse the sections below, each linked to its official government source.
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Sec. 8-11. Disqualification of members of zoning authorities.
Official statutory text
See Sec. 8-21 re disqualification of planning commission members.
Cited. 144 C. 493; 146 C. 531; 148 C. 603. Evidence of statement of member of board before planning and zoning commission on same matter admissible for development of disqualification. Id., 604. Cited. 150 C. 147. Where zoning commission voted to amend regulations to make proposed use a permitted use in zone, and one of commission members who voted had a financial interest in proposed change, held participation by interested member in action rendered attempted amendment invalid. Id., 495. Previous showing by commission member of open opposition to plaintiff, coupled with other acts of interest, sufficient to disqualify him; failure of commissioner to disqualify himself renders commission's action invalid. 151 C. 476. Zoning commission's upgrading of residential zone invalid where chairman of commission who was owner of 8 per cent of the land in area upgraded refused to disqualify himself and participated in decision of commission. 155 C. 497. The decision as to whether a particular interest is sufficient to disqualify a member is a factual one depending on the circumstances of the particular case. 157 C. 285. That chairman of zoning commission was chairman of town mental health fund and son of a member of the zoning appeals board had received psychiatric treatment at defendant institution did not disqualify either from reviewing application of defendant educational institution for emotionally maladjusted children. 158 C. 158. Where two members of commission had, prior to becoming members, signed petitions opposing applicant's request for zoning change but applicant's lawyer refused to challenge their qualifications at hearings, saying he would raise question on appeal if his client had unfavorable decision, decision was confirmed. Id., 497. Member of zoning commission did not have such personal or financial interest, either directly or indirectly, as would disqualify him under section. 159 C. 585. Permissible for municipal official who, by virtue of his office is an ex-officio member of board, to appear before zoning commission on matter as long as he represents municipality and not applicant. 160 C. 295. Member of the Granby Conservation Commission not unqualified to serve as zoning and planning commissioner for personal or financial interests conflict. 161 C. 182. Cited. 165 C. 185. The intent of section is that a disinterested member or alternate attend a hearing and participate in the decision. 166 C. 207. Where zoning authority's action is held to be illegal, arbitrary or abuse of discretion, reviewing court cannot substitute own judgment of what authority's action should be unless as matter of law only one conclusion could reasonably be reached by authority. 178 C. 198. Cited. 196 C. 192; 199 C. 231; 209 C. 544.
Cited. 2 CA 551; 26 CA 943; 43 CA 512. Allegation that zoning enforcement officer appealed a decision of the board in an unrelated case relates to the professional duties of the officer and the board members and does not amount to a personal conflict of interest that would disqualify the entire board from hearing any case brought by the officer. 160 CA 1.
ited. 196 C. 192; 199 C. 231; 209 C. 544.
Cited. 2 CA 551; 26 CA 943; 43 CA 512. Allegation that zoning enforcement officer appealed a decision of the board in an unrelated case relates to the professional duties of the officer and the board members and does not amount to a personal conflict of interest that would disqualify the entire board from hearing any case brought by the officer. 160 CA 1.
Where board member had no personal or financial interest in application before board and plaintiff's attorney made no formal request at the hearing that he disqualify himself, facts do not justify his disqualification under section. 26 CS 254. Where one of petitioners for zone change was personal accountant and professional advisor of commission member, latter should have disqualified himself. Id., 502. Court must expect commissioner's testimony that actions claimed by plaintiff did not, in their cumulative effect, constitute direct or indirect undue influence on commission members. 28 CS 426. Statements and conduct of chairman of zoning commission at board's hearing, coupled with prior activities on his part, were such that he could be said to “represent” within meaning of section opponents of plaintiff's application; M's appearance for board was violation of section, and board's denial of variance sought by plaintiff was thereby rendered illegal and invalid. 29 CS 32. Cited. 41 CS 196; 43 CS 373.
Cited. 144 C. 493; 146 C. 531; 148 C. 603. Evidence of statement of member of board before planning and zoning commission on same matter admissible for development of disqualification. Id., 604. Cited. 150 C. 147. Where zoning commission voted to amend regulations to make proposed use a permitted use in zone, and one of commission members who voted had a financial interest in proposed change, held participation by interested member in action rendered attempted amendment invalid. Id., 495. Previous showing by commission member of open opposition to plaintiff, coupled with other acts of interest, sufficient to disqualify him; failure of commissioner to disqualify himself renders commission's action invalid. 151 C. 476. Zoning commission's upgrading of residential zone invalid where chairman of commission who was owner of 8 per cent of the land in area upgraded refused to disqualify himself and participated in decision of commission. 155 C. 497. The decision as to whether a particular interest is sufficient to disqualify a member is a factual one depending on the circumstances of the particular case. 157 C. 285. That chairman of zoning commission was chairman of town mental health fund and son of a member of the zoning appeals board had received psychiatric treatment at defendant institution did not disqualify either from reviewing application of defendant educational institution for emotionally maladjusted children. 158 C. 158. Where two members of commission had, prior to becoming members, signed petitions opposing applicant's request for zoning change but applicant's lawyer refused to challenge their qualifications at hearings, saying he would raise question on appeal if his client had unfavorable decision, decision was confirmed. Id., 497. Member of zoning commission did not have such personal or financial interest, either directly or indirectly, as would disqualify him under section. 159 C. 585. Permissible for municipal official who, by virtue of his office is an ex-officio member of board, to appear before zoning commission on matter as long as he represents municipality and not applicant. 160 C. 295. Member of the Granby Conservation Commission not unqualified to serve as zoning and planning commissioner for personal or financial interests conflict. 161 C. 182. Cited. 165 C. 185. The intent of section is that a disinterested member or alternate attend a hearing and participate in the decision. 166 C. 207. Where zoning authority's action is held to be illegal, arbitrary or abuse of discretion, reviewing court cannot substitute own judgment of what authority's action should be unless as matter of law only one conclusion could reasonably be reached by authority. 178 C. 198. Cited. 196 C. 192; 199 C. 231; 209 C. 544.
Cited. 2 CA 551; 26 CA 943; 43 CA 512. Allegation that zoning enforcement officer appealed a decision of the board in an unrelated case relates to the professional duties of the officer and the board members and does not amount to a personal conflict of interest that would disqualify the entire board from hearing any case brought by the officer. 160 CA 1.
ited. 196 C. 192; 199 C. 231; 209 C. 544.
Cited. 2 CA 551; 26 CA 943; 43 CA 512. Allegation that zoning enforcement officer appealed a decision of the board in an unrelated case relates to the professional duties of the officer and the board members and does not amount to a personal conflict of interest that would disqualify the entire board from hearing any case brought by the officer. 160 CA 1.
Where board member had no personal or financial interest in application before board and plaintiff's attorney made no formal request at the hearing that he disqualify himself, facts do not justify his disqualification under section. 26 CS 254. Where one of petitioners for zone change was personal accountant and professional advisor of commission member, latter should have disqualified himself. Id., 502. Court must expect commissioner's testimony that actions claimed by plaintiff did not, in their cumulative effect, constitute direct or indirect undue influence on commission members. 28 CS 426. Statements and conduct of chairman of zoning commission at board's hearing, coupled with prior activities on his part, were such that he could be said to “represent” within meaning of section opponents of plaintiff's application; M's appearance for board was violation of section, and board's denial of variance sought by plaintiff was thereby rendered illegal and invalid. 29 CS 32. Cited. 41 CS 196; 43 CS 373.
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