BALF CO. v. PLANNING & ZONING COMMISSION

(AC 23313)

79 Conn. App. 626 (2003)

BALF COMPANY v. PLANNING AND ZONING COMMISSION OF THE TOWN OF MANCHESTER.

Appellate Court of Connecticut.

Officially released September 23, 2003.


Attorney(s) appearing for the Case

John F. Sullivan, assistant town attorney, with whom was Michael M. Darby, town attorney, for the appellant (defendant).

Stephen J. Anderson, with whom was Jared Cohane, for the appellee (plaintiff).

Lavery, C. J., and West and DiPentima, Js.


Opinion

WEST, J.

The defendant, the planning and zoning commission of the town of Manchester (commission), appeals from the judgment of the trial court sustaining the appeal by the plaintiff, Balf Company, from the commission's denial of a special exception permit for the construction and operation of a concrete manufacturing plant on the plaintiff's property. On appeal, the defendant claims that the court improperly (1) exercised subject matter jurisdiction...

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