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UPJOHN CO. v. ZONING BOARD OF APPEALS

(14428)

224 Conn. 96 (1992)

THE UPJOHN COMPANY v. ZONING BOARD OF APPEALS OF THE TOWN OF NORTH HAVEN

Supreme Court of Connecticut.

Decision released November 24, 1992.

Attorney(s) appearing for the Case

Robert K. Ciulla, with whom was Charles R. Andres, for the appellant-appellee (defendant).

S. Robert Jelley, with whom were William J. Doyle, Brian J. Doyle and, on the brief, Patrick J. Monahan, for the appellee-appellant (plaintiff).

PETERS, C. J., CALLAHAN, BORDEN, BERDON and NORCOTT, JS.

BORDEN, J.

The dispositive issue of this appeal and cross appeal1 is whether the plaintiff, The Upjohn Company (Upjohn), may collaterally attack, in a zoning enforcement proceeding brought in 1986, the validity of a condition to zoning permits that had been imposed in 1983 but that had not been challenged by direct appeal at that time. The defendant, the zoning board of appeals of the town of North Haven (board), appeals and Upjohn cross...

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