477 A.2d 170

ZONING BOARD OF APPEALS OF THE TOWN OF SHERMAN ET AL. v. HAROLD BEMIS

(2377)Appellate Court of Connecticut

DANNEHY, C.P.J., HULL and BORDEN, Js.

Argued April 12, 1984

Decision released July 10, 1984

Action seeking, inter alia, an injunction to restrain the defendant from performing certain work, and for other relief, brought to the Superior Court in the judicial district of Danbury and tried to the court, Ford, J.; judgment for the defendant, from which the plaintiffs appealed. No error.

Alan M. Kosloff with whom, on the brief, were Austin H. Wolf and David L. Grogins, for the appellants (plaintiffs).

Warren P. Joblin, with whom, on the brief, was Samuel J. Henderson, for the appellee (defendant).

PER CURIAM.

At oral argument, counsel for the plaintiffs, who filed the appeal[1] in this case, candidly admitted to the court that the legal claims they advance here were never presented to the trial court; and that the trial court decided the case on the basis of the claims, theories and evidence presented to it by them. Furthermore, our examination of the record indicates that the claims presented to us in the plaintiffs’ brief and argument were totally unrelated to those presented in their preliminary statement of issues on appeal under Practice Book 3012(a). Under these circumstances we decline to consider the plaintiffs’ claims.

There is no error.

[1] This appeal, originally filed in the Supreme Court, was transferred to this court. Public Acts, Spec. Sess., June, 1983, No. 83-29, 2(c).

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