Tine v. Zoning Bd. of Appeals of Town of Lebanon

Plaintiffs obtained a variance from the zoning board of appeals (board) to construct a single-family house on their lakefront property. Plaintiffs then applied for and received a zoning permit and building permit from the town of Lebanon (town) to construct the house. After construction was completed, Plaintiffs constructed a deck. Plaintiffs did not receive the required building permits for the deck, nor did they notify the town of the deck’s construction. Several years later, the zoning enforcement officer discovered the deck violated the town’s zoning regulations and issued a notice of violation and cease and desist order to Plaintiffs requiring them to abate the setback violation. The board denied Plaintiffs’ appeal. The superior court reversed, concluding that the deck at issue was a “building” as that term is used in Conn. Gen. Stat. 8-13a(a) and, therefore, Defendants’ enforcement action was untimely under the three year statute of limitations set forth in section 8-13a(a). The Supreme Court reversed, holding that the deck was not a “building” under the statute. Remanded.

Tine v. Zoning Bd. of Appeals of Town of Lebanon