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Davis v. Kania
“A motion to dismiss shall be used to assert lack of jurisdiction over the subject matter, essentially asserting that the plaintiff cannot as a matter of law and fact state a cause of action that should be heard by the court.” (Internal quotation marks omitted.) Kizis v. Morse Diesel International, Inc., 260 Conn. 46, 51 , 794 A.2d 498 (2002); see also Adolphson v. Weinstein, 66 Conn. App. 591, 594 , 785 A.2d 275 (2001), cert. denied, 259 Conn. 921 , 792 A.2d 853 (2002); Practice Book § 10-31 (a) (1).
Retrieving the full opinion text from the archive…
BASIL E. KEISER
v.
ZONING COMMISSION OF THE TOWN OF REDDING
v.
ZONING COMMISSION OF THE TOWN OF REDDING
Supreme Court of Connecticut.
Jan 29, 2002.
Michael N. LaVelle, in support of the petition., Nancy Burton, in opposition.
Cited by 1 opinion | Published
The petition for certification by the defendants, the zoning commission of the town of Redding and the water pollution control commission of the town of Redding, for appeal from the Appellate Court, 62 Conn. App. 600 (AC 19681), is granted. The case is remanded to the Appellate Court for reconsideration in light of this court’s decision in Nizzardo v. State Traffic Commission, 259 Conn. 131, 788 A.2d 1158 (2002).
In view of our remand without further proceedings in this court, the provisions of Practice Book § 84-9 are waived.
VERTEFEUILLE, J., did not participate in the consideration or decision of this petition.