Devaney v. Board of Zoning Appeals

In the view we take of the principal issue, the result will be the same whether we deny the motion for permission to file a motion to erase or the motion to erase. We choose to deal directly with the motion to erase the appeal.

The action came to the Court of Common Pleas as an appeal by certain property owners from a decision of the board of zoning appeals of New Haven permitting Vito Migliaro to use, for a restaurant, the lower floor of a building in a Residence B district. The court sustained the appeal. Migliaro filed an appeal to this court from that judgment. The plaintiffs seek to have…