The Connecticut Supreme Court has issued a ruling against the Bethel Planning and Zoning Commission over their rejection of a special permit application for a crematorium. 

Cramer & Anderson Partner Dan Casagrande represented Shawn McLoughlin, who sought approval to open the crematorium on a property adjacent to Mono-Crete Step in Clarke Business Park.  The unanimous April 1st decision reversed the Appellate Court and sends the case back to the trial court, ordering the land-use commission to approve the application. 

The Supreme Court opinion, written by Chief Justice Richard Robinson, concludes that the denial was based only on general facts regarding crematory operations not specific to the proposed site, development decisions motivated by general objections to the proposed facility, and evidence not pertinent to the required considerations. Casagrande says a land use commission has no authority to deny a special permit based on generalized concerns associated with the stigma of a particular use, rather than site specific zoning concerns such as traffic, parking, and loss of property values.