VARTULI v. SOTIRE

(11572), (12365)

192 Conn. 353 (1984)

MICHAEL P. VARTULI, TRUSTEE, ET AL. v. JAMES J. SOTIRE ET AL. MICHAEL P. VARTULI, TRUSTEE, ET AL. v. ZONING BOARD OF THE CITY OF STAMFORD

Supreme Court of Connecticut.

Decision released February 28, 1984.


Attorney(s) appearing for the Case

Edward J. Frattaroli, assistant corporation counsel, with whom were William J. Hennessey, Jr., and, on the brief, P. Benedict Fraser, corporation counsel, for the appellant (defendant).

James R. Fogarty, for the appellees (plaintiffs).

Joseph I. Lieberman, attorney general, Kenneth N. Tedford, assistant attorney general, and Glen A. Gross filed a brief as amici curiae in the first case.

PETERS, HEALEY, PARSKEY, SHEA and GRILLO, JS.


PETERS, J.

The dispositive issue in these appeals is whether the provisions of the Coastal Management Act, which require local zoning authorities to render their decision on a coastal site plan within sixty-five days of the applicant's submission of the plan, mandate automatic approval of the coastal site plan when the statutory period has expired without a decision.

The plaintiffs, Michael P. Vartuli and Waterside Plaza Associates, a general partnership in...

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