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VIKING CONSTRUCTION CO. v. PLANNING COMMISSION

181 Conn. 243 (1980)

VIKING CONSTRUCTION COMPANY v. TOWN PLANNING COMMISSION OF THE TOWN OF SIMSBURY ET AL.

Supreme Court of Connecticut.

Decision released June 17, 1980.

Attorney(s) appearing for the Case

Palmer S. McGee, Jr., with whom were James J. Tancredi and, on the brief, Sharon S. Tisher, for the appellant (defendant).

Morton C. Hansen, Jr., with whom, on the brief, were Joseph J. Fauliso and Morton N. Katz, for the appellee (plaintiff).

COTTER, C. J., BOGDANSKI, PETERS, HEALEY and PARSKEY, JS.

PARSKEY, J.

In this action of mandamus, the sole issue, which is dispositive of this appeal, is whether, under the provisions of General Statutes § 8-26 (Rev. to 1977), the subdivision application submitted by the plaintiff was approved by operation of law because of lapse of time.

On June 3, 1977, the plaintiff submitted to the defendant town planning commission (hereinafter the commission), on the form prescribed, an application and plans for a small...

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