Hilarios Sue P&Z Over Zoning Decision

By Andrew Gorosko

The owners of a Hawleyville automotive wrecking and repair company have sued the Planning and Zoning Commission (P&Z) over the P&Z’s recent rejection of the firm’s request to permit it certain commercial uses of its property which are not allowed by the firm’s existing zoning permit.

In a lawsuit filed February 14 in Danbury Superior Court, Arthur and Silbina Hilario, owners of Hilario’s Service Center at 131 Mt Pleasant Road, sue the P&Z. The couple is seeking to have a judge overturn the P&Z’s recent rejection of their request for an amendment to their special zoning permit.

As part of their application, the Hilarios had sought P&Z permission to use a large fabric-covered Quonset hut for the storage of existing commercial vehicles. The Quonset hut has been in use at the business for years without P&Z approval. The structure is 70 feet long and 40 feet wide.

In unanimously denying the Hilarios’ zoning request January 25, P&Z members noted that the Quonset hut has been present at the business for so long that it no longer legally violates the zoning regulations. But, P&Z members decided that before they would approve Hilario’s request for a modified zoning permit, the business would have to correct numerous zoning violations on the property.    

P&Z members and the Hilarios have intermittently discussed the various zoning violations at the property for months.

The Hilarios filed their application with the P&Z on July 19, 2000, after which public hearings were held September 21 and October 19.

 The Hilarios allege that their property’s value has decreased due to the P&Z’s decision. The Hilarios state they presented substantial evidence that their application did not violate the zoning regulations.

The Hilarios allege the P&Z’s denial is illegal and improper, outside of its powers, and arbitrary and capricious because the P&Z had no jurisdiction over the issues on which the decision was based and failed to give consideration to evidence which supported an approval of the application.

The Hilarios further allege the denial violates state motor vehicle laws. They also claim the P&Z failed to consider there was a lack of neighborhood opposition to their application and no evidence of harm to the public’s general welfare. They further claim the P&Z did not clearly explain why it rejected the application.

“The [P&Z] attempted to micromanage the plaintiffs’ lawful, reasonable use of their property as a service station without basis in Connecticut law and contrary to the motor vehicle statutes,” the lawsuit adds. The Hilarios further state the P&Z in the past approved a special permit for the same use of the property which the P&Z now deems as constituting zoning violations.

Through the lawsuit, the Hilarios seeks to have a judge order the P&Z to reverse its rejection of the zoning application and to cover the costs incurred by the Hilarios in suing the P&Z. The Hilarios also seek money damages from the P&Z in an unspecified amount exceeding $15,000. The town has a March 6 court return date in the case.