Bianco v. Darien
In Bianco v. Darien, 157 Conn. 548, 254 A.2d 898 (1969), the plaintiffs claimed that by taking action against them and failing to enforce its zoning regulations against other violators, the defendant town violated the plaintiffs' right to equal protection under the law. Id., 559.
The Court stated that "mere laxity in the administration of the law, no matter how long continued, is not and cannot be held to be a denial of the equal protection of the law. To establish arbitrary discrimination inimical to constitutional equality, there must be something more, something which in effect amounts to an intentional violation of the essential principle of practical uniformity." (Internal quotation marks omitted.) Id., 559-60.
In Bianco, the trial court had a full trial on the plaintiffs' injunction action against the town of Darien. Id., 552. It was only after a full trial that the court found that the plaintiffs had not shown the nature or location of the other alleged violations on the street on which the plaintiffs' business was located. Id., 560.