AC45252 - Taylor v. Planning & Zoning Commission ("In this certified zoning appeal, the plaintiff, William W. Taylor, appeals from the judgment of the Superior Court denying his appeal from the decision of the defendant Planning and Zoning Commission of the Town of Westport (commission), denying his 2019 site plan and special excavation and fill permit applications. The principal issue in this certified appeal is whether the court improperly concluded that the commission did not deprive the plaintiff of fundamental fairness by preventing him from being heard on whether his application was sufficiently complete such that it should be adjudicated on its merits. We reverse the judgment of the court because, under the circumstances of this case, the commission was required to provide the plaintiff with an opportunity to be heard on whether his application was complete at the public hearing on his application, prior to denying it for incompleteness.
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We reverse the judgment of the Superior Court and remand with direction to sustain the plaintiff's appeal and to order the commission to hold a hearing on the plaintiff's application.")