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.

Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC46146, AC46159 - Lepkowski v. Planning Commission ("The defendants, the Planning Commission of the Town of East Lyme (commission) and Real Estate Service of Conn., Inc. (RESC), each appeal from the judgment of the Superior Court sustaining in part the appeal brought by the plaintiff, Brian Lepkowski, from the commission's decision approving a resubdivision application filed by RESC. The dispositive claim asserted by the defendants is that the court incorrectly determined that § 4-14-3 of the East Lyme Subdivision Regulations (subdivision regulations) required the completion of an Environmental Review Team (ERT) evaluation in connection with RESC's application and that, consequently, the court improperly concluded that the commission illegally waived § 4-14-3 in granting RESC's application without an ERT evaluation having been performed. We agree with the defendants and, accordingly, reverse in part the judgment of the Superior Court.")