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The Connecticut Supreme Court has heard arguments in the case of Shawn McLoughlin versus the Bethel Planning and Zoning Commission.  McLoughlin owns property in Clarke industrial park, Mono-Crete Step, and wanted to construct a crematory.  The issue is whether the Commission can deny a special permit application based on noncompliance with general standards, despite full compliance with technical requirements.  After holding public hearings, the commission denied the special permit application and McLoughlin appealed to the trial court, which dismissed the appeal on grounds that the commission's denial was supported by substantial evidence in the record.  The Appellate affirmed the trial court's judgment that the industrial park and surrounding area, and the welfare of the town, would be adversely affected by allowing the plaintiff to operate a crematory at the location.  One justice questioned the attorney for the Commission, saying he was trying to determine how this wasn't a NIMBY case, a not-in-my-backyard argument.  The justices did not issue an immediate ruling in the case. 

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Dave Rinelli
Local Headlines