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ROBERT LABULIS, ZONING ENFORCEMENT OFFICER OF THE TOWN OF NORTH BRANFORD v. PHYLLIS KOPYLEC (AC 30374) (AC 31134)
DiPentima, C. J., and Lavine and Lavery, Js. Argued October 25, 2010--officially released May 17, 2011

(Appeal from Superior Court, judicial district of New Haven, Hon. Thomas J. Corradino, judge trial referee [motion to dismiss, motion to open]; Hon. William L. Hadden, Jr., judge trial referee [motion for civil contempt, motion to reconsider].) Vincent T. McManus, Jr., for the appellant (defendant). John M. Gesmonde, for the appellee (plaintiff).

Opinion

DiPENTIMA, C. J. These consolidated appeals arise out of a long-standing and increasingly acrimonious zoning dispute between the parties. In AC 30374, the defendant, Phyllis Kopylec, appeals from the trial court's denial of her motion to dismiss the case and her motion to open the stipulated judgment and remand the case for a trial. On appeal, the defendant claims that the court (1) improperly denied her motion to dismiss and motion to open and remand for a trial for failure to join an indispensable party and (2) was without subject matter jurisdiction ab initio because the plaintiff, Robert Labulis, the zoning enforcement officer of the town of North Branford (town),1 commenced his action before allowing for the exhaustion of remedies contained in General Statutes

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Connecticut Law