Zimnoch v. Planning & Zoning Comm'nAnnotate this Case
Defendant landowner applied for a zoning change to designate its parcel as a business and commercial zone and for a special exception permit for approval of the site plan of its shopping center project. The Town's Planning and Zoning Commission denied the zone change application and denied as moot Defendant's application for a special exception permit. Defendants appealed, and the trial court judge, Judge Owens, approved Defendant's application for a zone change. During the pendency of Defendant's zone change appeal and upon receipt of Judge Owens's decision, the Commission approved the special exception permit but took no official action regarding the zone change application. Plaintiffs, several individuals, appealed, arguing that the commission acted improperly when it approved Defendant's special exception permit. The superior court sustained the appeal. The Supreme Court reversed, holding that the trial court improperly revisited the prior judgment of Judge Owens and too narrowly construed the effect of Owens's decision as well as the actions taken by the Commission in reviewing and approving Defendant's application for the special exception permit. Remanded.