City of New Haven v. G.L. Capasso Inc.
A court can order property owners to comply with conditions attached to a special exception that permits the property owners to use a property for business purposes, although the property is located in a residential area. The defendants, G.L. Capasso Inc. and Giuseppe Capasso, requested a special exception, to use property for business-related purposes, although the property is located in a residential area. The city granted the request for a special exception, provided that the defendants work between 7 a.m. and 8 p.m., keep construction equipment in a building, and keep only three trucks on the property at night. The city requested a court injunction against G.L Capasso Inc. and Giuseppe Capasso and alleged that they violated conditions attached to the special exception. The defendants filed special defenses, alleging that city workers or representatives led them to believe that the 7 a.m. to 8 p.m. restriction was relevant only with respect to diesel motor vehicles and the hours that certain trucks could be kept on the property. "[T]he subject property," wrote the court, "is surrounded by residential homes and . . . the conditions were established for the peace and comfort of these residents." The plaintiff city proved that the defendants violated conditions attached to the special exception. The defendants failed to prove special defenses. The court granted the city's request for an injunction and ordered the defendants to comply with conditions attached to the special exception.