Conn. Gen. Stat. § 8-28

Current with legislation from the 2023 Regular and Special Sessions.
Section 8-28 - Notice of decision of planning commission. Appeal

Notice of all official actions or decisions of a planning commission, not limited to those relating to the approval or denial of subdivision plans, shall be published in a newspaper having a substantial circulation in the municipality within fifteen days after such action or decision. Any appeal from an action or decision of a planning commission shall be taken pursuant to the provisions of section 8-8.

Conn. Gen. Stat. § 8-28

(1949 Rev., S. 861; 1951, S. 389d; 1963, P.A. 169; 273, S. 2; February, 1965, P.A. 622, S. 6; 1971, P.A. 501; 862, S. 10; P.A. 76-436, S. 294, 681; P.A. 77-450, S. 7; P.A. 78-280, S. 1, 127; P.A. 80-151; P.A. 81-154; P.A. 82-472, S. 21, 183; June Sp. Sess. P.A. 83-29, S. 59, 82; P.A. 84-227, S. 2; P.A. 85-284, S. 4; P.A. 88-79, S. 2, 4; 88-364, S. 75, 123; P.A. 89-356, S. 2.)

Planning commission cannot act until it adopts regulations; on adoption of regulations, a subdivision plan which complies with regulations must be approved. 141 Conn. 79. Master plan adopted by planning commission is controlling only as to municipal improvements and regulation of subdivisions of land. 144 Conn. 117. Burden of proving one is aggrieved is on plaintiff; must show special injury affecting property or other legal right. 145 Conn. 674. Prior to 1963 amendment, beginning date of appeal period was day of announcement of decision to interested parties. 151 Conn. 269. Statute not applicable to commission created by special act where said act made no provision for appeal. Id., 635. Cited. 154 Conn. 600. Under special act where town council denied application for approval of subdivision, appellant from such decision must allege and prove his aggrievement. 155 Conn. 1. Parties cannot by stipulating that plaintiffs are aggrieved confer jurisdiction for appeal; proof of aggrievement is essential prerequisite to court's jurisdiction. 156 Conn. 505. Appeal sustained where planning board had adopted regulations contrary to provisions of Secs. 8-25 and 8-26; subdivision regulation is creature of statute and must conform to statutory provisions. Id., 540. Cited. Id., 588. Failure to publish decision within specified time, grounds for reversal. 163 Conn. 379. Cited. 171 Conn. 480; Id., 512; 172 Conn. 572; 176 Conn. 475; Id., 581; 179 Conn. 650. Superior Court not limited to record before planning commission on issue of aggrievement; person does not become aggrieved until board has acted. 181 C. 442. Cited. 183 C. 362; 194 C. 277; 196 Conn. 192; 203 Conn. 109; 205 Conn. 413; 207 Conn. 67; 208 Conn. 146; 209 C. 609. "A true and attested copy" is not required to be a duplicate original. 210 C. 1. Citation of commission constituted sufficient compliance. Id., 432. Cited. 211 Conn. 78; Id., 416; 212 Conn. 375; Id., 727; 222 Conn. 380. Cited. 1 Conn.App. 621; 5 Conn.App. 520; 7 CA 238; Id., 684; 13 CA 400; 14 CA 283; 18 Conn.App. 195; Id., 488; Id., 722; 21 CA 370; 23 Conn.App. 75; 42 CA 318; 43 Conn.App. 512. Plaintiff's failure to appeal imposition of required "sidewalk fund" contribution as condition of subdivision approval did not meet exceptions to rule against collateral attacks on zoning commission actions and thus was properly dismissed. 85 Conn.App. 606. Action for mandamus against planning and zoning board for refusal to approve residential subdivision in light industrial zone denied; discretionary with board; legal remedy through appeal. 17 Conn.Supp. 271. Cited. 26 Conn.Supp. 169, 170. Intended to provide appeal for persons aggrieved by inferred approval, not successful applicants for certificates. 31 Conn.Supp. 85. Notice by publication complies with constitutional requirement of due process, given the need to alert a potentially large number of people whenever a zoning commission renders a decision. 38 CS 590. Cited. 39 Conn.Supp. 306.

See Sec. 8-30a re applicability of appeal provisions in all municipalities.