For purposes of three-year statute of limitations to bring enforcement action regarding a building that violates a zoning regulation, court holds that deck is not a “building.”
Property owners appealed decision of town zoning board of appeals that upheld cease and desist order regarding deck, which violated setback requirements.
The Supreme Court of Connecticut held that:
- For purposes of three-year statute of limitations to bring enforcement action regarding a building that violates a zoning regulation, deck was not “building”; and
- Deck was not part of house and thus was not entitled to protection under three-year statute of limitations.
For purposes of three-year statute of limitations to bring enforcement action regarding a building that violates a zoning regulation, “building” refers to an edifice designed to stand permanently, with a roof and walls.