NAUSS v. PINKES

(2302), (2878)

2 Conn. App. 400 (1984)

DAVID D. NAUSS, TRUSTEE, ET AL. v. ALEXANDER H. PINKES, HEALTH DIRECTOR BARBARA ESPOSITO, TRUSTEE v. JOHN W. PHILLIPS ET AL.

Appellate Court of Connecticut.

Decision released August 14, 1984.


Attorney(s) appearing for the Case

James T. Brennan, for the appellant (successor plaintiff in the first case, plaintiff in the second case).

Gail S. Kotowski, with whom, on the brief, were Edmund L. Pantani and Philip N. Costello, Jr., for the appellee (defendant in the first case).

Philip N. Costello, Jr., for the appellees (defendants in the second case).

HULL, DUPONT and BORDEN, JS.


HULL, J.

These two cases, which were tried separately, were combined on appeal1 since both arise from the same factual matrix.

The underlying facts are undisputed. In the spring of 1971, David D. Nauss as trustee, the Old 79 Realty Co., Inc., and Brookside Realty, Inc.,2 sought a special exception permit from the planning and zoning commission of the town of Madison for the construction of twenty-four...

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