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Cited as authority (quoted)
Biarelli v. Maple Grove Memorial Park, No. Cv98-0358403s (Sep. 12, 2002)
although practice book 10-3 (a) provides that when any claim in a complaint is grounded on a statute, the statute shall be specifically identified by its number, this rule has been construed as directory rather than mandatory.
discussed
Cited "see, e.g."
Summit Saugatuck, LLC v. Water Pollution Control Authority
See id., 131 ; see also Children’s School, Inc. v. Zoning Board of Appeals, 66 Conn. App. 615 , 617–19, 785 A.2d 607 (final judgment because remand ordered approval of special exception application subject to conditions and zoning board not required to make further evidentiary determinations), cert. denied, 259 Conn. 903 , 789 A.2d 990 (2001). 11 The court indicated in its memorandum of decision that the parties conceded at argument that § 8-30g does not apply to this case.
discussed
Cited "see, e.g."
AvalonBay Communities, Inc. v. Zoning Commission
Compare Westover Park, Inc. v. Zoning Board, 91 Conn. App. 125, 133 , 881 A.2d 412 (no final judgment when zoning board required to hear new evidence and trial court did not order approval of site plan), cert. denied, 276 Conn. 917 , 888 A.2d 86 (2005), and Kobyluck v. Zoning Board of Appeals, 70 Conn. App. 55, 57 , 796 A.2d 567 (2002) (no final judgment because “the court’s remand for a new hearing will require the board of appeals to hear new evidence and to exercise its discretion”), with Sydoriak v. Zoning Board of Appeals, 90 Conn. App. 649 , 651 n.1, 879 A.2d 494 (2005) (final judg…
discussed
Cited "see, e.g."
Westover Park, Inc. v. Zoning Board of Stamford
Perhaps more importantly, the remand here expressly acknowledged the fact that further approval of the board is required under the Stamford zoning regulations. 8 As we held in Kobyluck v. Zoning Board of Appeals, 70 Conn. App. 55, 57 , 796 A.2d 567 (2002), “because the court’s remand for a new hearing will require the board of appeals to hear new evidence and to exercise its discretion, the court’s order is not an appealable final judgment.” Furthermore, the Kaufman court found significant the fact that the trial court in that case had required the commission to approve the plaintiffs …
discussed
Cited "see, e.g."
Kobyluck v. Zoning Board of Appeals
Thus, “[w]ith respect to [that] central issue, the trial court’s decision so conclude[d] the rights of the parties that further proceedings [could not] affect them.” (Internal quotation marks omitted.) Id.; see also Children’s School, Inc. v. Zoning Board of Appeals, 66 Conn. App. 615, 617-19 , 785 A.2d 607 , cert. denied, 259 Conn. 903 , 789 A.2d 990 (2001); Wisniowski v. Planning Commission, 37 Conn. App. 303, 308-11 , 655 A.2d 1146 , cert. denied, 233 Conn. 909 , 658 A.2d 981 (1995).
Retrieving the full opinion text from the archive…
STATE OF CONNECTICUT
v.
FRED BENNETT
v.
FRED BENNETT
Supreme Court of Connecticut.
Dec 20, 2001.
Auden Grogins, special public defender, in support of the petition., Joy K. Fausey, deputy assistant state’s attorney, in opposition.
Published
Citer courts: Connecticut Superior Court (1)
The defendant’s petition for certification for appeal from the Appellate Court, 66 Conn. App. 901 (AC 20429), is denied.
VERTEFEUILLE, J., did not participate in the consideration or decision of this petition.