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Levine v. Sterling
State: Connecticut
Court: Supreme Court
Docket No: SC18470
Case Date: 04/05/2011
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. ******************************************************

SCOTT LEVINE v. TOWN OF STERLING ET AL. (SC 18470)
Rogers, C. J., and Norcott, Palmer, Zarella, McLachlan, Eveleigh and Vertefeuille, Js. Argued January 3--officially released April 12, 2011

Sean P. Sullivan, for the appellant (plaintiff). Michael A. Zizka, with whom, on the brief, was Lana M. Glovach, for the appellees (defendants).

Opinion

EVELEIGH, J. This appeal arises from an action brought by the plaintiff, Scott Levine, against the defendants, the town of Sterling (town) and its building official, D. Kyle Collins, Jr.,1 relating to the defendants' refusal to issue to the plaintiff permits to build two additional dwelling units on his property located in the town. The plaintiff appeals2 from the judgment rendered by the trial court in favor of the defendants. On appeal, the plaintiff claims that the trial court improperly found that: (1) the town had validly enacted its land use ordinance under General Statutes
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