Connecticut Senate Bill SB00331

Connecticut 2011 Regular Session

• Introduced: 1/20/11
• Refer: 1/20/11

Caption

An Act Concerning Frivolous Appeals Of Zoning Board Decisions.

Impact

If enacted, SB00331 would significantly alter the landscape of zoning law in the state. By imposing stricter penalties for frivolous appeals, it would discourage such actions that currently hinder timely zoning implementations. It shifts both the legal burden and potential financial liabilities toward appellants, particularly impacting individuals or entities seeking to challenge zoning board decisions without legitimate grounds. This change is aimed at upholding the efficiency of local governance and ensuring that zoning decisions are respected and executed without unnecessary delays.

Summary

SB00331, known as the Act Concerning Frivolous Appeals of Zoning Board Decisions, proposes amendments to existing statutes that deal with zoning appeals filed by individuals or entities. The bill aims to deter the practice of filing frivolous appeals designed to delay zoning changes or decisions. It establishes that such actions will be considered bad faith, thereby allowing municipalities to pursue double or treble damages against those appellants who engage in these tactics. The intent is to streamline the zoning process and protect local governments from misuse of the appeal system.

Contention

While supporters of SB00331 argue that it will improve the functioning of local zoning boards and prevent abuse of the appeal process, critics may raise concerns about the potential chilling effect on valid appeals. There is apprehension that individuals or smaller organizations may be discouraged from pursuing legitimate grievances due to the fear of incurring substantial financial penalties through double or treble damages. This aspect of the bill could lead to debates regarding access to justice and the balance between preventing frivolous legal actions and allowing individuals to contest zoning decisions adequately.