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BLAKER v. PLANNING & ZONING COMMISSION

(13564), (13565)

212 Conn. 471 (1989)

RICHARD E. BLAKER ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF FAIRFIELD ET AL.

Supreme Court of Connecticut.

Decision released August 8, 1989.

Attorney(s) appearing for the Case

John J. Darcy, for the appellant in the first case (plaintiff Edward A. Jennings).

Aaron B. Schless, for the appellants in the second case (plaintiff Dennis R. Andrasi et al.).

Matthew B. Woods, for the appellee in both cases (defendant Baker-Firestone Limited Partnership).

PETERS, C. J., HEALEY, SHEA, GLASS and HULL, JS.

SHEA, J.

The dispositive issue in these appeals is what effect an applicant's submission of ex parte evidence to a planning and zoning commission has upon an aggrieved party's burden to demonstrate, in an appeal to the Superior Court, that the commission acted illegally. We conclude that the applicant's ex parte communication relieved the aggrieved party of the initial burden of demonstrating that the commission acted illegally and shifted the initial burden to the...

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