General
Arthur Kish et al. v. Planning and Zoning Board of the City of Milford
159 Conn. 604·Connecticut Supreme Court·1970·CT
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Opinion
Arthur Kish et al. v. Planning and Zoning Board of the City of Milford
Alcorn, House, Thim, Ryan and Shapiro, Js.
Argued February 4
decided February 4, 1970
Stephen I. Traub, for the appellant (defendant).
Stephen E. Ronai, for the appellees (plaintiffs).
[MAJORITY — Per Curiam.]
Per Curiam.
The trial court erred in substituting its judgment for that of the defendant board. Sobol v. Planning & Zoning Commission, 158 Conn. 623, 262 A.2d 185; Belknap v. Zoning Board of Appeals, 155 Conn. 380, 384, 232 A.2d 922, and cases cited; see Hawkes v. Town Plan & Zoning Commission, 156 Conn. 207, 240 A.2d 914.
There is error, the judgment is set aside and the case is remanded with direction to dismiss the appeal.