South Windsor v. Lanata

Outcome

Excerpt

The plaintiffs, the town of South Windsor and its zoning enforcement officer, sought injunctive relief and fines against the defendant, who operated a salvage business out of her residential property in the town. The plaintiffs alleged that the defendant violated the town's blight ordinance and zoning regulations in storing materials on her property that created a junkyard. Prior to the commencement of the action, the enforcement officer had issued several notices to the defendant, beginning in 2014, which alleged that the defendant that was in violation of the town's regulations. In December, 2016, a fire occurred at the property and, thereafter, an arson investigation commenced, which ultimately dis- proved a claim of arson. On February 24, 2017, the defendant was notified again that she was in violation of the blight ordinance, was directed to remove the debris, and was informed that she had the right to appeal. The defendant also received, concurrently, a cease and desist order identifying a zoning violation and she was directed to cease the deposi- tion of discarded material on the property. The notice further stated that she had the right to appeal and that should she fail to address the issues, the defendant would be subject to further statutory (§ 8-12) proceedings and penalties. The defendant did not appeal from either notice. The plaintiffs commenced an action in effort to compel the defendant to comply with the notices. The trial court determined that the defendant was operating a salvage business on her property in violation of the town's zoning regulations and the blight ordinance. The court also found that the defendant had wilfully violated the town's zoning regulations since at least February 24, 2017, the date of the cease and desist order, and imposed a fine pursuant to § 8-12 of $175 per day, running from February 24, 2017, to the date of the court's decision, for a total sum of $125,000, and the defendant appealed to this court. Held: 1. The defe