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AURORA v. ZONING BOARD OF APPEALS

151 Conn. 378 (1964)

JAMES AURORA ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF EAST HAVEN

Supreme Court of Connecticut.

Decided February 6, 1964.

Attorney(s) appearing for the Case

Anthony V. DeMayo, with whom, on the brief, was Edward W. Cohen, for the appellants (plaintiffs).

I. Milton Widem, with whom was Edward T. Blair, for the appellee (defendant).

KING, C. J., MURPHY, SHEA, ALCORN and COMLEY, JS.

SHEA, J.

The plaintiffs appealed to the Court of Common Pleas from the action of the defendant in granting the application of Stop and Shop, Inc., of Connecticut for a variance of the East Haven zoning ordinance regulating the distance between retail outlets selling alcoholic beverages. The defendant filed a plea in abatement stating that "the Court has no jurisdiction ... because the appeal was not served within fifteen ... days from the date when... [the] decision...

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