608 A.2d 1184

LEO FEDUS AND SONS CONSTRUCTION COMPANY, INC., ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN AND BOROUGH OF COLCHESTER ET AL.

Supreme Court of Connecticut

The defendants’ petition for certification for appeal from the Appellate Court, 27 Conn. App. 412, is granted, limited to the following issues:

“1. Does the `automatic approval’ doctrine, applicable to a zoning commission that fails to issue timely decisions on site plan or subdivision applications under General Statutes 8-3 (g) and 8-26, also apply to a zoning board of appeals that fails to hold a hearing on an appeal under General Statutes 8-7d (a)?

Page 912

“2. Does the `automatic approval’ doctrine apply when the zoning board of appeals timely issues a decision that it would not hold a hearing because it believed it lacked jurisdiction?”

Gregory T. D’Auria and Charles L. Howard, in support of the petition.

David F. Sherwood, in opposition.

Decided May 28, 1992

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