John Kalakowski and Laurence Adams v. John A. Russell Corporation and the Board of Zoning Adjustment for the Town of…

Summary

The court affirmed the judgment invalidating the permit for a primarily wholesale warehouse in a district whose permitted commercial uses were limited to retail uses. It held that nearby property owners had standing because their challenge to the regulations impliedly alleged inconsistency with the municipal plan, and it construed the regulation's use of "retail" to modify each listed sales-related term. The court also rejected reliance on unexpressed legislative intent, found no conflict between the regulation and the broader town plan, and declined to consider an unpreserved challenge to the regulations' validity.