Drake v. Planning & Zoning Commission

The appellees in all of these cases have moved to dismiss the pending appeals for lack of subject matter jurisdiction under the principles enunciated in Simko v. Zoning Board of Appeals, 205 Conn. 413, 533 A.2d 879 (1987), affirmed on rehearing, Simko v. Zoning Board of Appeals, 206 Conn. 374, 538 A.2d 202 (1988) (en banc). None of the motions was orally argued before this court.

Simko I and II relate to the jurisdiction of the Superior Court. This court has jurisdiction to determine whether the Superior Court had subject matter jurisdiction to hear each of these cases. Since this court does…