Crossroads Development, Inc. v. Planning & Zoning Commission
Crossroads Development, Inc. v. Planning & Zoning Commission
Opinion of the Court
The sole issue in this case is whether the trial court erred in dismissing the plaintiffs appeal from a decision of the defendant planning and zoning commission of the town of Thomaston on the ground that the copies of the complaint and other documents served on the commission and the town pursuant to General Statutes § 8-28 were unsigned, whereas the original appeal bond, summons and complaint filed in court were signed. We conclude that the court construed too narrowly the requirement in § 8-28 that notice of such an appeal be given by “leaving a true and attested copy thereof” with the necessary parties, and that service of unsigned copies of the appeal papers was sufficient process. We, therefore, find error.
The facts are not in dispute. The original appeal bond was signed for Crossroads Development, Inc., by George Touponse, its vice president as principal, and by George Touponse as surety. The words “Crossroads Development, Inc.,” are typed. Below this is the typed word “By” followed by “George Touponse” written over a line, under which is written “Its Vice President Principal.” George Touponse’s signature appears over a second line with his name typed under it, with the written word “Surety” to the right of the typed name. The original summons is signed as follows:
“THE PLAINTIFF
BY [Signature of Robert L. Chase!
Robert L. Chase, for
Feeley, Nichols, Chase & McDermott, P.C.
Its Attorneys”
“THE PLAINTIFF
BY [Signature of Robert L. Chase!
Robert L. Chase
Its Attorney”
None of the copies of the appeal bond, summons and complaint served on the commission and the town was signed by the plaintiff or its attorney, nor did any of them contain any of the handwritten notations described on the original documents above.
The copies served on the defendants bore the following notation: “A True Copy Attest 2/2/1988 Eugene F. Torrence Deputy Sheriff Litchfield County.” The sheriffs return also stated that a “true and attested copy” of the original pleadings was served on each defendant. Thus, the copies served on the defendants were not duplicate copies of the original documents filed in court. The defendants moved to dismiss the appeal because of (1) lack of subject matter jurisdiction pursuant to Practice Book § 145, and (2) insufficiency of process pursuant to Practice Book § 143. The Superior Court granted the motion to dismiss by memorandum of decision dated April 20, 1988. The court concluded that since the pleadings served upon the defendants failed to conform to the original pleadings, they were not “true and attested copies.” It held that the failure to serve the defendants with true and attested copies of the original pleadings, as required by General Statutes § 8-28, constituted insufficient process. The Appellate Court granted the plaintiff certification to appeal from the court’s judgment, and the case was then transferred to this court pursuant to Practice Book § 4023.
The plaintiff has raised the single issue of whether the court erred in granting the defendants’ motion to dismiss because the original pleadings were signed and the copies served on the defendants were unsigned. The
Lorch v. Page, 97 Conn. 66, 115 A. 681 (1921), is dis-positive of this case. Lorch involved a writ of error to reverse a judgment of a justice of the peace in an action of summary process in favor of the landlord. The trial court reversed the judgment of the justice of the peace and the landlord appealed from this judgment of reversal. The defendant tenants claimed that the only notice left with them was a document which by the sheriff’s return thereon purported to be a “true and attested copy of the original notice,” but was not a duplicate of the original notice. Id., 67. In upholding the trial court’s judgment, we made a detailed historical analysis of the statutes concerning notice to quit in summary process actions. We stated that “ ‘[duplicate’ as applied to any form of written instrument, has a determined and unvarying meaning. Burrill’s definition has been frequently approved and quoted by the courts of this country. ‘That which is double, or twice made; an original instrument repeated. A document which is the same as another, in all essential particulars. . . . Sometimes defined to be the copy of a thing; but, though generally a copy, a duplicate differs from a mere copy, in
Lorch leads to the inescapable conclusion that under our practice a “true and attested copy” of an original court document does not have to be a duplicate copy, i.e., a copy exact in every respect to the original. The extent to which any nonconformity of a copy, compared to the original, shall be deemed inadequate service, where a claim of prejudice to the defendant is made, is not before us. Accordingly, we conclude that the service of process was adequate in this case.
Strong support for this conclusion is found in actual practice in Connecticut. We take judicial notice of the fact that copies of summonses and complaints served in civil actions in Connecticut invariably have not been signed duplicates of the originals. At most, they have contained an “S/” over the line below which the name of the person involved is typed, or an “S/” followed by the typed name of that person over the line below which the typed name is also contained. We also note that Practice Book § 121 (a) states that “[i]t is the responsibility of counsel filing the same to serve on each other party who has appeared one copy of every pleading subsequent to the original complaint . . . . ” We
There is error, the judgment dismissing the appeal is set aside and the case is remanded for further proceedings.
In this opinion the other justices concurred.
Reference
- Full Case Name
- Crossroads Development, Inc. v. Planning and Zoning Commission of the Town of Thomaston
- Cited By
- 7 cases
- Status
- Published