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CAMPION v. BOARD OF ALDERMEN OF NEW HAVEN

Nos. 17347, 17348.

899 A.2d 542 (2006)

278 Conn. 500

Susan C. CAMPION et al. v. BOARD OF ALDERMEN OF the CITY OF NEW HAVEN et al.

Supreme Court of Connecticut.

Decided June 6, 2006.

Attorney(s) appearing for the Case

Barbara M. Schellenberg, with whom was Austin K. Wolf, Bridgeport, for the appellants in Docket No. SC 17347 (defendant Anthony DelMonaco Family Limited Partnership et al.).

Linda L. Morkan, Hartford, with whom were Peter S. Olson, Philip R. Pastore III, Guilford and, on the brief, Thomas W. Ude, Jr., and Thomas P. Cody, Hartford, for the appellants in Docket No. SC 17438 (named defendant et al.).

John M. Gesmonde, Hamden, for the appellees (plaintiffs).

Joel Cogen, filed a brief for the Connecticut Conference of Municipalities as amicus curiae.

Christopher J. Smith, Matthew Ranelli, Hartford, and Erik J. Ness, filed a brief for the Connecticut Chapter of the American Planning Association as amicus curiae.

BORDEN, KATZ, PALMER, VERTEFEUILLE and ZARELLA, Js.

BORDEN, J.

The sole issue in this certified appeal is whether any enabling authority exists for § 65 of the New Haven zoning ordinance, which provides for the creation of planned development districts. Certain of the defendants, namely, the board of aldermen of the city of New Haven (board of aldermen), the Anthony DelMonaco Family Limited Partnership (DelMonaco partnership), and Antonio DelMonaco and Anna DelMonaco (DelMonacos), appeal,1

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