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LEO FEDUS & SONS CONSTRUCTION CO. v. ZONING BOARD OF APPEALS

(14547)

225 Conn. 432 (1993)

LEO FEDUS AND SONS CONSTRUCTION COMPANY, INC., ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN AND BOROUGH OF COLCHESTER ET AL.

Supreme Court of Connecticut.

Decision released April 27, 1993.

Attorney(s) appearing for the Case

Charles L. Howard, with whom was Gregory T. D'Auria, for the appellants (defendants).

David F. Sherwood, for the appellees (plaintiffs).

PETERS, C. J., CALLAHAN, BERDON, KATZ and F. X. HENNESSY, JS.

CALLAHAN, J.

The dispositive issue in this appeal is whether the plaintiffs, Leo Fedus and Sons Construction Company, Inc., et al.,1 were entitled to the automatic approval of their site plan application to permit the construction of an asphalt plant in Colchester because the Colchester zoning board of appeals, believing that it did not have jurisdiction over their appeal, did not hold a public...

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