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Connecticut Supreme Court Appeal Involving Municipal Site Plan Approval

Town of Colchester Zoning Board of Appeals

Represented the Town of Colchester Zoning Board of Appeals (ZBA) in an appeal to the Connecticut Supreme Court on a grant of certification from a decision of the Appellate Court. The case involved the plaintiff's application for a writ of mandamus for site plan approval of an asphalt plant in the town based on the ZBA's failure to hold a timely hearing on its application. The Appellate Court held that the automatic approval doctrine applied and upheld the trial court's issuance of a writ of mandamus. The Supreme Court reversed the Appellate Court and held that the automatic approval doctrine applicable to zoning commissions under Conn. Gen. Stat. §§ 8-3g and 8-26 does not apply to zoning boards of appeal for failure to hold a hearing on an appeal under Conn. Gen. Stat. § 8-7d(a); Leo Fedus & Sons Construction Co. v. Zoning Board of Appeals, Connecticut Supreme Court, 225 Conn. 432 (1993).

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