Agenda - Planning Commission - 10/07/2004

Home

Page '-1- - AugusT 25, 2004 Z.B. The lower court foundiT would serve no useful purpose to review the pro- ce~dings approving the superseded 2002 ordinance and that the 2003 plan was not the subject of the attack. However, one issue did remain. The conditional use approved for the height var1J.nce had not been addressed by the 2003 ordinance and remained viabie under the 2002 ordinance. Ultim~l[ely, the court dismissed the case. N annie Lee' s appealed. DECISION: Reversed. The lower court misapplied the law in dismissing the suit in its entirety. The conditional use height variance, which was approved by the 20Q2 or- dinance, was not affected by the 2003 ordinance, which only approved a new site plan. Not all of the arguments were related solely to the original site plan that was superseded by the subsequent site plan. . Although Nannie Lee's raised only minor issues conceming the propriety of the height variance, those issues had not yet been addressed. Consequendy, the lower court could not dismiss the petiTion as moot when those issues were still pending. see also: FirsT Bapcist Church of Perrine v. jyJiami-Dade Cmmry, 768 So.2d 1114 (2000). see also: Miami-Dade Counry v. Omnipoint Holdings Inc., 863 So.2d 195 (2003 ). Appeal - Appeal filed one day later than legal period Otherwise would have inclu.ded ,'vI emorial Day Citacion: Nine Scare Street LLC v. Planning and Zoning Commission of the Ciry of Bridgepon. Supreme Cmm of Connecricuc, No. SC 17110 (2004) CONi'fECTICUT (07/06/04) - Nine State Street LLC applied to the Planning and Zoning Commission of the City of Bridgeport for a special permit to con- struct and oper:.He an asphalt production facility. The commission ultimarely denied the request. Sixteen days later, the day aher Memorial Day, Nine State served an appeal upon the chairman, clerk of the commission, and the city clerk. However, because process was nO( served within i5 days of the decision as required by local law, the commission dismissed the appeal. Nine State sueci. ~lDd the COllrt ruled in favor of the commission. Nine State appealed, arguing mcluding Memorial Day within the lS-day [irne [C) file violated its right [0 appeal. DECISION: Reversed. BecaUSe Lhe t)(h :jay feU l)[l J. t~gaI boiiday, Service l)f process GO the 16th d:J.Y '2~)nSIl[U[ed sutficlcQr compli2-Qce './vlch [be sta(u[e. 100 ~: 2r::;CJ. ,-:uinI2fl '='JOllsniog -_~fcu6. ':;_n:1 -earoGuc:ion '3 :JrCnIOlfeo. ;::or :\10r2 :nrcrmal]Cn _~!e3Sa ~-~3i1 6'! 7\:~2.;)048.