Smith v. Zoning Board of Appeals of the Town of Greenwich

Smith (plaintiff) sought to subdivide his property into three lots, but after the Historic District Commission opposed the plan, the Planning and Zoning Commission denied final approval based on subdivision regulations aimed at preserving the town's historic and architectural character; the zoning board of appeals affirmed, but the appellate court reversed, holding the board lacked authority to consider historical factors, that such factors weren't a sufficiently fixed standard, and that the regulations improperly encroached on zoning authority, prompting the town's appeal.