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eBook details

• Title: Poneleit v. Dudas
• Author : Supreme Court of Connecticut
• Release Date : January 07, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The defendants have appealed from a
judgment enjoining them from using their
property in violation of the zoning regulations
of the city of Bridgeport. On September 25,
1945, the defendant John Dudas entered into
an agreement for the purchase of, and later
purchased, a strip of land extending 54.65 feet
along the southwesterly side of Seabright Avenue in
Bridgeport. The strip was approximately fifteen
feet deep as measured to the then high-water mark
of Black Rock Harbor. On December 31, 1945, Dudas
commenced to fill in along his land in accordance
with a permit granted by the harbor master of the
city. He ultimately reclaimed land about 225 feet
in depth by filling in the harbor. In 1947, he
built a house on this land and in 1951 erected a
garage. There is now a pier extending from the
southeasterly end of the property to a float in
the harbor. The defendant Margaret Dudas became a
joint owner of the premises on July 11, 1949.
Black Rock Harbor is a navigable body of water,
where the tide ebbs and flows. The channel is
navigated by commercial vessels. The defendants
first allowed others to use the reclaimed land and
the pier and float in 1946. They are now conducting
a boat livery business on the premises.
These various activities of the defendants did not
in any way interfere with navigation. The zoning
map, which is a part of the regulations, shows
that the property purchased by Dudas is located in
a residence B zone. The reclaimed land is not
shown on the map. The city has no local harbor
line. The zoning regulations prohibit business, with
exceptions not relevant to this case, in a residence
B zone. Bridgeport Zoning Regs., c. 4, 2 (1949).

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