Legal Opinion · Dissent

R.C. Equity Group, LLC v. Zoning Commission

Supreme Court of Connecticut

Decided January 22, 2008No. SC 17676Published

1Dissent

NORCOTT, J.,

with whom VERTEFEUILLE, J., joins, dissenting. I disagree with the majority’s conclusion that the plaintiff, R.C. Equity Group, LLC, was not entitled to refile this zoning appeal from the decision of the defendant, the zoning commission of the borough of Newtown, under the savings statute, General Statutes § 8-8 (q).1 In my view, the majority opinion fails to implement the broad construction given to remedial statutes such as § 8-8 (q), as well as the increasingly flexible approach to the law governing the procedure in zoning appeals articulated in this court’s recent decision in…

2Cases cited30 opinions

  1. Conway v. Town of WiltonSupreme Court of Connecticut · 1996
  2. Simko v. Zoning Board of AppealsSupreme Court of Connecticut · 1988
  3. Protect Hamden/North Haven from Excessive Traffic & Pollution, Inc. v. Planning & Zoning CommissionSupreme Court of Connecticut · 1991
  4. Paulsen v. DanielsCourt of Appeals for the Ninth Circuit · 2005
  5. Ventres v. Goodspeed Airport, LLCSupreme Court of Connecticut · 2005

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