General

Sally W. Rudis et al. v. Zoning Commission of the Town of Fairfield

135 Conn. 410·Connecticut Supreme Court·1949·CT

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Opinion

Sally W. Rudis et al. v. Zoning Commission of the Town of Fairfield Maltbie, C. J., Brown, Jennings, Ells and Daly, Js. Argued January 7— decided March 15, 1949. James O. Shea and Clarence A. Hadden, with whom, on the brief, was William E. Allen, Jr., appeared for the appellants (plaintiffs). Pierce J. Gerety appeared for the appellee (defendant). [MAJORITY — Per Curiam.] Per Curiam. The plaintiffs sought a declaratory judgment determining that the 1500-foot limitation relating to liquor outlets contained in the Fairfield zoning regulations is illegal and void, and affirmative relief. The Superior Court rendered judgment for the defendant, and the plaintiffs have appealed. The single issue is essentially the same as the first one considered in Miller v. Zoning Commission, reported immediately before the present case, and is governed by the decision in that case and by State ex rel. Wise v. Turkington, 135 Conn. 276, 63 A. 2d 596. There is no error.