An appeal has been filed in the case of the Danbury Zoning Board of Appeals against Dorothy Day Hospitality House.  In the new filing, Attorney Neil Marcus argues that the City is wrongly fighting to uphold cease and desist order by the Zoning Enforcement Officer, who alleged there are violations in operating an emergency homeless shelter at 11 Spring Street. 

The City argues that the Planning Commission had no jurisdiction in 1983 to determine whether a zoning permit should issue for the property and that Zoning regulations did not authorize the issuance of a temporary zoning permit. 

A temporary one-year permit was issued in 1984 and a renewal wasn't sought until 2015.  The cease and desist order was issued in October 2016.  Marcus argues that Zoning regulation changes allowed shelters as a permitted use starting in 1989, and even when later amended to allow shelters as a special exception use, Dorothy Day was a pre-existing nonconforming use entitled to protection. 

A trial is set to move forward in June.