DocketNumber: No. CV 91-0501791 S
Citation Numbers: 1994 Conn. Super. Ct. 7591
Judges: SULLIVAN, J.
Filed Date: 7/31/1994
Status: Non-Precedential
Modified Date: 4/17/2021
This is an action brought by a private party against the Board of Selectmen of the Town of Burlington claiming the appointment of a committee to be appointed to determine whether its sought after improvements to the public road in said town, Burlington, will be of common convenience and necessity, and, if so found, to assess special benefits accruing to each person, as provided under General Statutes
The improvements were made by and at the expense of the plaintiff prior to the Selectmen acting on the plaintiff's application, which was ultimately denied by the Selectmen. The improvements were made to carry forward with a subdivision, which could not have proceeded without said improvements, per order of the Burlington Inland Wetlands Commission, dated June 26, 1991. CT Page 7592
This court, on September 23, 1993, granted this defendant's motion to strike the Prayers for Relief on the basis that General Statutes
The plaintiff does not file a brief, affidavit, or evidence in opposite to this motion, nor did he seek to or take the opportunity to appear at oral argument.
The allegation of the complaint may be tested as to legal sufficiency after the pleadings are closed by motion for summary judgment. See Boucher Agency, Inc. v. Zimmer,
L. Paul Sullivan, J.