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Laws-info.com » Cases » Connecticut » Appellate Court » 2001 » Hendel's Investors Co. v. Zoning Board of Appeals
Hendel's Investors Co. v. Zoning Board of Appeals
State: Connecticut
Court: Court of Appeals
Docket No: AC19467, AC19667
Case Date: 03/13/2001
Preview:****************************************************** 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. ****************************************************** HENDEL'S INVESTORS COMPANY v. ZONING BOARD OF APPEALS OF THE TOWN OF MONTVILLE ET AL. (AC 19467) (AC 19667)
Mihalakos, Zarella and Hennessy, Js. Argued October 18, 2000--officially released March 13, 2001 Counsel

Francis J. Pavetti, for the appellant (plaintiff). Harry B. Heller, for the appellee (defendant Christy's Market, Inc.).
Opinion

MIHALAKOS, J. In this consolidated appeal, the plaintiff, Hendel's Investors Company, appeals from the judgment of the Superior Court dismissing its administrative appeal from the decision of the defendant zoning board of appeals of the town of Montville (board). At issue is the board's decision to grant the defendant Christy's Market, Inc. (Christy's), a certificate of approval for the location of a gasoline station. On appeal, the plaintiff raises the following two part claim: (1) the court improperly concluded that the plaintiff failed to prove aggrievement; and (2) an examination of the record

discloses that the board's decision was not supported by substantial evidence. In response, the defendants1 argue, inter alia, that the plaintiff failed to plead aggrievement properly and that the court, consequently, did not have subject matter jurisdiction to hear the administrative appeal. We affirm the judgment of the trial court on that ground. The record discloses the following facts and procedural history. On April 30, 1997, Christy's, seeking to construct a gasoline station in Montville, filed an application with the board for a certificate of location approval, as required under General Statutes
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