166 Conn. 112 (1974) | Cited 13 times | Supreme Court of Connecticut | March 5, 1974

This appeal involves the same parties as Johnsonv. Zoning Board of Appeals, also decided this date,166 Conn. 102, 347 A.2d 53, but relates to a secondcitation, summons and complaint dated January 18,1969, and characterized by the plaintiff, Carol C.Johnson, as an "amended writ, summons and complaintduly and timely served on or before January 22,1969." Both defendants filed pleas in abatementalleging that the purported amendment constitutedan appeal taken later than fifteen days after theaction of the zoning board of appeals in violationof 8-8 of the General Statutes. From a judgmentsustaining the pleas in abatement

[166 Conn. 113]

     of both defendants, the plaintiff has appealed tothis court. He assigns error to the determinationof the court (DeVita, J.) that the papers actuallyserved on January 20, 1969, constituted an appealtaken after the fifteen-day appeal period, and notan amendment. In view of the disposition ofJohnson v. Zoning Board of Appeals, supra, we findit unnecessary to discuss the issues raised bythis appeal.

Accordingly, the appeal is dismissed.

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