Barnett v. Board of Zoning Appeals
Barnett v. Board of Zoning Appeals
Opinion of the Court
The plaintiffs have appealed from a decision of the defendant board of zoning appeals of the city of New Haven that denied their application for a “special exception” and a variance. Noting that “[t]he plaintiffs have failed to seek relief by way of ad damnum or any other claim of relief in their complaint on appeal,” the trial court dismissed the action for failure of the plaintiffs “to invoke the jurisdiction of the court . . . J’
There is error, the judgment is set aside and the case is remanded for further proceedings consistent with this opinion.
It was conceded at oral argument before us that the trial court dismissed this matter on its own motion.
Reference
- Full Case Name
- Al Barnett v. Board of Zoning Appeals of the City of New Haven
- Status
- Published