Bombero v. Planning & Zoning Commission
In Bombero v. Planning & Zoning Commission, 40 Conn. App. 75, 669 A.2d 598 (1996), a plaintiff landowner brought a declaratory judgment action challenging the constitutionality of a certain subdivision ordinance.
The trial court in that case denied relief because the plaintiff had failed to file a subdivision application or express any intention to do so.
The trial court determined that this failure precluded a showing of any adverse impact on the property. The Court reversed the judgment of the trial court and stated that "the fact the plaintiff has not applied to subdivide his property is not determinative of whether the plaintiff has been adversely affected by the adoption of the regulation." Bombero v. Planning & Zoning Commission, supra, 87.
A plaintiff is entitled to ascertain, with reasonable certainty, whether a certain regulation is valid and that regulation's effect on her rights as a property owner. See id., 88.