New Britain herald., 1925-09-16
ALLIE ADVOCATES
 DELAY ON z0N|NG
Writes Open Letter to Mayor
 Advising Further Study

NJ Faonessa, Mayor
 City Hall.
 New Britain, Conn,
 Sir
 lt is announced that the proposed Ioning Ordinance Is 10 be adopted by the Common Council tonight.
 You will please permit the writer "a call the attention of the Common Council through you to serious nhase of the situation which seems to call imperatively for further eX- animation, study of the whole mat ter before action ts taken by the ! Council,
 Study of tho matter In the light | of comprehensive analysis In an editorial article in local newspaper last night seems to make very clear l the danger
 The writer of this editorial con cedes by implication the vote power of the Board of Adjustment which Is to operate the zoning plan, under Section 30 of the Charter Amend ment, but points out as a safeguard the power of appeal to the City i Court.
 It is obvious that where property rights are involved court decisions can be carried by appeal through the state courts to and through the United States courts. Sometimes process of years particularly so when the question at issue turns as in this case. not upon malfeasance, but upon the construction of a statute and the proper limitation of discro- ton honestly exercised.
 Section 37 of the Charter Amend ments does give the City Court pow CT to reverse a "deCision' of the Board of Adjustment on appeal. but this appeal is clearly on a different matter than the amending of the 2oning plan dealt with in Section 80.
 No express power is given the court to order the board to vote with the Common Council 10 amend the zoning ordinance, change the plan'
 Nor can it be considered as i'm piled. It is elementary that Tn reading implied powers into stat ute adequate support must he gwen by all germane statutes, those deal ing with the same principles,
 The board of adjustment has two functions One is that of board of appeals as provided for in the general zoning statutes and in the zoning provisions of the several spe- cial acts amending the charters Of various cities of the state, In the exercise of this function the board will control boards of officials charged with the administration of the law and hear and "decide' ap- peals from the rulings of such off ciaIs and boards.
 The other function Is that of CO., operating with the common council in the making of amendments. Sec, 30
 Tn the New Britain charter alone are these functions given 10 the same board,
 In the New Haven charter, Spe- cial Acts 1925, Chap. 490. Sec, !, the amending function in connection with the common council is eSer- cised by the zoning commission. The local court is empowered to de eide appeals from "deCisions' of the hoard of appeals, Ii has no au- thoritv under this provision over the amending function, whether exer- cisod by the zoning commission of by the common council.
 Tn the general 2onins statute and several charter amendments of other cities dealing with zoning similar provision gives the local court power to reverse decisions" of the board of appeal but makes no mention of the amending function in connec. tion with it,
 See General Statutes 1925, Chap, .4@. Sec. 13 zoning act: Speci1l Acts t925, Chap, 4S7, Sec. 1&. New Lon d"n; Special Acts 1925, Chap. 4G9, Sec. IS. West Hartford Special Acts 1925. Chap 467, Sec. l%, Hartford; Special Acts 1925. Chap. 49i, Sec, l8, Norwich. Special Acts 1925. { hap. 490. New Haven.
 Now the phrasing of the sections Nf these various acts dealing with the powers of the local court on ap- peal being precisely the same 1t is clear at Section Si of the New Britain act is intended to b" con strued similarly,
 Further. it will be noticed that in section 50 the board is to act by recommendation, protest" "a pc culiar and seemingly extraneous eX- pression), or by voting No mention occurs here of decision"
 In q V ord. when acting in the cap lrity nf an amending authority the New Britain Board of Adjustment must. apparently, be considered out side tho veto power appellate iuris- diction conferred by Section 37 on the City Court.
 Tn this view of the matter. the i