Wednesday, September 15, 2021

Zoning Amendment: To Prohibit the Manufacturing, Production and/or Storage of Asphalt in all Zones

In the most recent of these Metcalf VS Town of North Canaan cases the court has ruled that the Zoning Regulations amendment, "To Prohibit the Manufacturing, Production and/or Storage of Asphalt in all zones" did not prohibit B. Metcalf Paving from implementing a previous court approved site plan but it could not void the amendment “...contingent upon some event that has not and indeed may never transpire.” It is important to note here that this amendment does not necessarily apply to any pre-existing and permitted activity regarding asphalt activity that this amendment now prohibits. 

Click image to enlarge for more readable print.

Click image to enlarge for more readable print.

But it is that future event that is still looming over our communities.



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