Opinion
(5856)
Argued December 16, 1987
Decision released January 5, 1988
Appeal from a decision by the defendant commission granting an application for a zone change and a special permit for the construction of a condominium project, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford, where the court, A. Aronson, J., granted the defendant's motion to dismiss and rendered judgment thereon, from which the plaintiffs, on the granting of certification, appealed to this court. No error.
The appellants filed a motion for reargument which was denied.
Philip M. Block, for the appellants (plaintiffs).
Eugene Scalise, Jr., for the appellee (defendant).
The plaintiffs are appealing the judgment of the trial court dismissing their administrative appeal.
The plaintiffs' citation, as it appears in the appeal to the Superior Court, is incorrect as it directed the sheriff to serve "the chairman or clerk of that commission or . . . the Town Clerk of Marlborough." General Statutes 8-8(b) provides that notice shall be given by serving "the chairman or clerk of said board, and by serving . . . the clerk of the municipality." (Emphasis added.) Such failure of the appeal to conform to the mandate of General Statutes 8-8(b) renders it subject to dismissal. Simko v. Zoning Board of Appeals, 205 Conn. 413, 418, 533 A.2d 879 (1987).