DocketNumber: No. CV93 0533698
Citation Numbers: 1994 Conn. Super. Ct. 5076
Judges: SULLIVAN, J.
Filed Date: 5/9/1994
Status: Non-Precedential
Modified Date: 4/17/2021
The motion to dismiss claims failure to return the process given to the return date, and further seeks CT Page 5077 dismissal due to misjoinder of action.
Late return of process in an administrative appeal renders the action voidable. The defendants in this case chose not to waive this defect and filed a timely motion to dismiss. Hence the motion to dismiss is granted as to the first count of the complaint, the zoning appeal Bergin v.Bergin,
As to the second count, the Sec.
As to the question of misjoinder that issue is moot, for the action is dismissed as aforesaid. The court notes that a motion to strike is the applicable motion to address misjoinder (PB 152). Also note for future reference Totinav. Zoning Board of Appeals,
The motion to dismiss the complaint is granted.
L. Paul Sullivan, J.