Viking Construction Co. v. Town Planning Commission

In this action of mandamus, the sole issue, which is dispositive of this appeal, is whether, under the provisions of General Statutes § 8-26 (Bev. to 1977), the subdivision application submitted by the plaintiff was approved by operation of law because of lapse of time.

On June 3, 1977, the plaintiff submitted to the defendant town planning commission (hereinafter the commission), on the form prescribed, an application and plans for a small subdivision in Simsbury designated as “Sand Hill Estates.” The application, fee and plans were accepted by the commission’s clerk who thereupon sent the…