Daly v. Town Plan & Zoning Commission

Under the zoning regulations of the town of Fairfield, originally adopted in 1925, no provision was made for radio towers in any zone. This limitation continued until 1960, when the defendant, the town plan and zoning commission, initiated and adopted an amendment to permit radio towers to be erected in residence zones under restrictions not now material. See Fairfield Zoning Regs. 3, div. 1(7)(b) (1960). The plaintiff appealed, and the court sustained the appeal on the ground that one of the members of the commission was disqualified to participate in the adoption of the amendment. The commission has appealed from the judgment. An assignment of error that the plaintiff is not an aggrieved person entitled to appeal does not require consideration in view of the commission's concession, made in the argument before us, that the plaintiff is aggrieved. The single question is whether the court was correct in deciding that the commission's action is invalid because one of its members, Elbert S. Overbaugh, was disqualified. Overbaugh is president of a cemetery association in Fairfield with which he has been connected for many years. Prior to July 1, 1959, the cemetery association had contracted to sell a portion of its property to the Fairfield Broadcasting Company conditioned on the company's being permitted to