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Graff v. Zoning Board of Appeals

Supreme Court of Connecticut

894 A.2d 285 (2006)

Relevant factsFree

Graff (plaintiff) kept 14 dogs on her nine rural acres in Killingworth, prompting a planning-and-zoning resolution limiting households to four or fewer dogs as a permissible accessory residential use; Graff's appeal to the zoning board of appeals (defendant) failed, but the trial court ruled in her favor, and the Board appealed, arguing pet-keeping was a regulable accessory land use, while Graff argued the number of pets was unaddressed by (and thus exempt from) regulation, and that keeping pets was a use of a house rather than land.

IssueFree

Whether, under a permissive scheme of town regulation, the keeping of household pets must be construed as a use of land that is subject to limitation.

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