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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JOHN GLADYSZ ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF PLAINVILLE ET AL. (SC 16346)
Norcott, Palmer, Vertefeuille, Corradino and Gordon, Js. Argued January 12--officially released May 22, 2001 Counsel

Hugh I. Manke, for the appellant (defendant Plainville NWD Limited Partnership). Lawrence J. Golden, for the appellees (plaintiff Carol Salyards et al.).
Opinion

NORCOTT, J. This case requires us to determine whether the Appellate Court improperly concluded that the doctrine of collateral estoppel barred the defendant from establishing standing to apply for site plan approval. The trial court rendered judgment dismissing the plaintiffs'1 appeal, which claimed that the named defendant, the planning and zoning commission of the town of Plainville (commission), improperly had granted site plan approval to the defendant, Plainville NWD Partnership (partnership), for construction of a

retail development on certain real property on which a related entity held an option. The Appellate Court reversed the trial court's judgment, concluding that collateral estoppel prevented the partnership from establishing standing to apply. Gladysz v. Planning & Zoning Commission, 57 Conn. App. 797, 798, 750 A.2d 507 (2000). We reverse the judgment of the Appellate Court. The following relevant facts are aptly set forth in the Appellate Court opinion. ``The property that was the subject of the application was owned by the Tyler Farms Group. The owners entered into an option agreement and purchase and sale agreement (option) for the subject property with Plainville NWD Real Estate Trust (trust). The site plan application was made by the partnership, which paid all of the option costs and application expenses. The trust and the partnership had an oral agreement that the trust would assign the option to the partnership upon the issuance of the permits necessary for the development. The partnership is made up of the beneficiaries of the trust, with Charter House Development Corporation as general partner. ``In November, 1994, the partnership applied for site plan approval for construction of a retail development of more than 135,000 square feet. This application was denied by the commission and by the inland wetlands and watercourses commission. The partnership appealed from those denials, and the trial court, Handy, J., dismissed both appeals. The partnership's aggrievement was not contested in those appeals, and the court found, in part on the basis of testimony that the owners had entered into an agreement with the partnership for an option to purchase the property, that the partnership was aggrieved. ``On April 13, 1995, the partnership filed an application for site plan approval for a 102,000 square foot development.2 The commission approved that application with conditions on November 30, 1995. The partnership appealed, contesting the permit conditions,3 and the plaintiffs appealed from the decision to approve the site plan application. ``The commission moved to dismiss the partnership's appeal, claiming that the partnership had no legally cognizable interest in the subject real estate and, thus, was not aggrieved, and that the court therefore lacked subject matter jurisdiction. The trial court, Handy, J., after a hearing, granted the motion in a memorandum of decision dated January 21, 1997, stating that there was no evidence before the court that the partnership possessed an interest in the property and therefore it was not aggrieved, that the option existed between the trust and the owners, and that the trust and the partnership were separate legal entities. The partnership did not appeal. ``In their appeal from the decision approving the site

plan application, the plaintiffs claimed, inter alia, that the partnership lacked standing to apply for site plan approval. Under Connecticut law, a party applying to a planning and zoning commission must have a sufficient interest in the subject property to have standing to apply; Richards v. Planning & Zoning Commission, 170 Conn. 318, 321

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Connecticut Law