Connecticut General Statutes

Conn. Gen. Stat. § 13a-40 (2026)

Appeal

✓ current as of May 2026
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Any person aggrieved by such decision may appeal to the superior court for the judicial district where such highway is situated within ten days after notice of such decision has been given, which appeal shall be in writing, containing a brief statement of the facts and reasons of appeal and a citation to such selectmen and all adjoining proprietors on such highway to appear before said court, and said court, or any judge thereof, may direct the time of appearance and the manner of service. Said court may review the doings of such selectmen, examine the questions in issue by itself or by a committee, confirm, change or set aside the doings of such selectmen, and make such orders in the premises, including orders as to costs, as it finds to be equitable. The clerk of said court shall cause a certified copy of the final decree of said court to be recorded in the records of the town in which such highway is located, and, if such decree changes the bounds defined and established by the decision of such selectmen, the bounds defined and established by such decree shall be the bounds of such highway.

(1949 Rev., S. 2167; 1958 Rev., S. 13-50; 1963, P.A. 226, S. 41; P.A. 76-436, S. 330, 681; P.A. 78-280, S. 1, 127.)

History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties.

Cited. 14 CA 521, 523. Superior Court, in its review of a determination by town's board of selectmen, may conduct a trial de novo. 131 CA 24; judgment affirmed, see 309 C. 608.

Cited. 11 CS 429; 27 CS 472.

Notes of Decisions
Cited in 9 cases, 1968–2020 · leading case: Marchesi v. Bd. of Selectmen of the Town of Lyme, 181 A.3d 531 (Conn. 2018).
Marchesi v. Bd. of Selectmen of the Town of Lyme, 181 A.3d 531 (Conn. 2018). · cites it 19× “Marchesi, appeals 1 from the judgment of the trial court dismissing her appeal, brought pursuant to General Statutes § 13a-40, 2 from the decision of the defendants, the town of Lyme (town) and its Board of Selectmen (board), 3 determining the lost or uncertain **619 boundaries…”
Marchesi v. Bd. of Selectmen of Lyme, 28 A.3d 994 (Conn. App. Ct. 2011). · cites it 12× “Thereafter, the plaintiff brought an administrative appeal, pursuant to General Statutes § 13a-40, in the Superior Court.”
Hamann v. Town of Newtown, 541 A.2d 899 (Conn. App. Ct. 1988). · cites it 2× “” General Statutes § 13a-40 provides in pertinent part: “Any person aggrieved by such decision may appeal to the superior court for the judicial district where such highway is situated within ten days after notice of such decision has been given, which appeal shall be in…”
State v. Menditto, 80 A.3d 923 (Conn. App. Ct. 2013). · cites it 2× “We note, preliminarily, that our case law in this area reveals that the meaning of a term or phrase may be *241 discerned by looking to other statutes both within, and outside, the specific chapter of the General Statutes at issue.”
Gianetti v. Dunsby, 191 A.3d 260 (Conn. App. Ct. 2018). · cites it 2× “" Pursuant to General Statutes § 13a-40, "[a]ny person aggrieved by such decision may appeal to the superior court for the judicial district where such highway is situated within ten days after notice of such decision has been given .”
In re Ava W., 336 Conn. 545 (Conn. 2020). · cites it 2× “, 617–19 (construing General Statutes § 13a-40 to grant Superior Court authority to conduct trial de novo on basis of broad statutory terms and lack of limiting language).”
Marches v. Bd. of Selectman of Town of Lyme, 31 A.3d 1178 (Conn. 2011). · cites it 2× ““Did the Appellate Court properly determine that the trial court correctly determined that the parties were entitled to a trial de novo in the Superior Court from an appeal taken from the board of selectmen of the town of Lyme pursuant to General Statutes § 13a-40?” ROGERS, C. J.”
Gianetti v. Dunsby (Conn. App. Ct. 2018). · cites it 2× “’’ Pursuant to General Statutes § 13a-40, ‘‘[a]ny person aggrieved by such decision may appeal to the superior court for the judicial district where such highway is situated within ten days after notice of such decision has been given .”
Town of Woodbridge v. Merwin, 244 A.2d 57 (Conn. Super. Ct. 1968). “The relocation of such lost boundaries is effectuated by the taking of an appeal by any aggrieved adjoining landowner (§ 13a-40) to the Common Pleas Court, whose determination will fix such boundaries.”
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