LLC v. Zoning Commission of the Town of Washington et al. (2011)

MEMORANDUM OF DECISION (PARTIAL)

In the above entitled matter, a preliminary hearing was held on June 3, 2011 concerning the aggrievement issue.   This issue was addressed by testimony from the managing member of the plaintiff Wykeham Rise, LLC and by way of a warranty deed that in effect established the plaintiff, Wykeham Rise, LLC, a Delaware Limited Liability Company, as the title owner of the subject property at 101 Wykeham Road in the Town of Washington, State of Connecticut.   That deed appears to have been executed on March 31, 2008 and was introduced as Plaintiff's Exhibit 1 establishing the legal and financial interest of the plaintiff in the said property.   The Court finds that the said plaintiff has a specific legal and economic interest in the subject matter of this action arising out of the denial of its special permit application by the Zoning Commission of the Town of Washington.   Further, the Court finds that specific legal and economic interests of the plaintiff have been injuriously affected by the decision of the said Commission and therefore the said aggrievement gives the Court jurisdiction over the appeal taken by the plaintiff.

The said aggrievement is a pre-requisite to the trial court's jurisdiction over the subject matter of such an administrative appeal as this.  Harris v. Zoning Commission, 259 Conn. 402, 409 (2002), and Hall v. Planning Commission, 181 Conn. 442, 444 (1980).   With this finding of aggrievement, the matter is continued by agreement of all of the parties for final argument to June 21, 2011 at 2:00 p.m. All briefs have been submitted and the record has been closed.

BY THE COURT,

Roche, J.

Roche, Vincent E., J.