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PAMELA J. ANDROSS ET AL. v. TOWN OF WEST HARTFORD ET AL. (SC 17742)
Norcott, Katz, Palmer, Vertefeuille and Zarella, Js. Argued September 17, 2007--officially released January 29, 2008

Leon M. Rosenblatt, for the appellants (plaintiffs). Joseph A. O'Brien, corporation counsel, for the appellees (named defendant et al.). Brian R. Smith, with whom was Karen A. L. Perry, for the appellee (defendant Ginsburg Development CT, LLC). Robin Messier Pearson, for the appellees (defendant Mark Investments, LLC, et al.).

Opinion

KATZ, J. The plaintiffs, certain residents of the Elmwood section of the town of West Hartford (town), appeal from the judgment of the trial court granting the motions of the defendants, the town, four town officials and three private development firms, to dismiss the action for lack of standing and, hence, subject matter jurisdiction.1 The plaintiffs had sought declaratory and injunctive relief to prevent the conveyance of public park land to a private developer, to prevent the commercial development of this land and another parcel in Elmwood and to obtain the town's compliance with a traditional neighborhood design ordinance (neighborhood ordinance) enacted for the benefit of Elmwood residents. The plaintiffs contend that the trial court improperly applied an aggrievement analysis that has no application outside of administrative appeals, under which the court required them to demonstrate an injury different from that sustained by the community as a whole. Rather, they contend, the trial court should have applied the standing analysis applicable to independent actions, under which they need to prove only that they have suffered an injury in fact that falls within the zone of interest of the laws claimed to have been violated. We affirm the trial court's judgment. The plaintiffs' amended complaint alleges the following facts, which we accept as true for purposes of the motions to dismiss. The Elmwood section of the town is an area of mixed uses, ranging from heavy industry to single-family homes. In 1996, many residents of Elmwood successfully mobilized to oppose the town's approval of a proposed supermarket. Because of the efforts of these residents, the town adopted a plan to develop Elmwood in a manner that would improve the relationships among residential, commercial, industrial and public areas. In May, 1998, the West Hartford town council (town council) adopted the neighborhood ordinance, entitled ``An Ordinance Establishing a Traditional Neighborhood Design District for Elmwood Center,'' now codified at

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Connecticut Law