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FONG v. PLANNING & ZONING BOARD OF APPEALS

(13548)

212 Conn. 628 (1989)

THOMAS P. FONG ET AL. v. PLANNING AND ZONING BOARD OF APPEALS OF THE TOWN OF GREENWICH

Supreme Court of Connecticut.

Decision released August 15, 1989.

Attorney(s) appearing for the Case

Haden P. Gerrish, with whom, on the brief, was Bruce F. Cohen, for the appellants (plaintiffs).

James A. Fulton, with whom, on the brief, was Douglas S. Skalka, for the appellee (Charles W. Pettengill, Jr.).

James W. Macauley, for the appellee (defendant).

SHEA, CALLAHAN, GLASS, COVELLO and HULL, JS.

SHEA, J.

This appeal involves the issue of whether a successful applicant to a planning and zoning board of appeals (board) is an indispensable party to an appeal of the board's decision in his favor and, if so, whether failure to name and serve the applicant deprives the court of subject matter jurisdiction. We affirm the Appellate Court insofar as it concluded that a successful applicant to a zoning board is an indispensable party to such an appeal, but reverse...

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