The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Supreme Court Opinion

by Booth, George


SC19726 - Marchesi v. Board of Selectmen (Statutory (§ 13a-39) petition by defendant adjoining landowners requesting definition of highway boundaries by defendant board of selectmen; administrative appeal from determination of board pursuant to statute (§ 13a-40); "This case returns to us after the remand ordered in Marchesi v. Board of Selectmen, 309 Conn. 608, 72 A.3d 394 (2013), for a trial de novo to determine the length and width of a particular highway known as Brockway Ferry Road. The plaintiff, Rhonda M. Marchesi, appeals from the judgment of the trial court dismissing her appeal, brought pursuant to General Statutes § 13a-40, from the decision of the defendants, the town of Lyme (town) and its Board of Selectmen (board), determining the lost or uncertain boundaries of the westerly end of Brockway Ferry Road pursuant to General Statutes § 13a-39. On appeal, the plaintiff contends that (1) the board and the trial court lacked subject matter jurisdiction under §§ 13a-39 and 13a-40, respectively, because it had not been judicially established as a condition precedent that Brockway Ferry Road was in fact a public highway, and (2) there were numerous other defects in the prosecution of the underlying petition before the board. Turning to the merits, the plaintiff also claims that the trial court's finding with respect to the width of Brockway Ferry Road was clearly erroneous. We disagree with the plaintiff's claims and, accordingly, affirm the judgment of the trial court.")