Esposito v. Planning Commission

The dispositive issue in this appeal is whether the plaintiffs were entitled to a writ of mandamus ordering automatic approval of their subdivision application under the sixty-five day rule set forth in General Statutes § 8-26d1 since the defendant planning commission failed to take any action on that application after it had been remanded by the Superior Court to the planning commission for reconsideration. The trial court rendered judgment for the defendant, from which the plaintiffs appeal. In the light of Gervasi v. Town Plan & Zoning Commission, 184 Conn. 450, 440 A.2d 163 (1981), we…