Opinion
05-16-2023
9 PETTIPAUG, LLC, et al. v. PLANNING AND ZONING COMMISSION OF the BOROUGH OF FENWICK
Michael A. Zizka, in support of the petition. Richard P. Weinstein and Sarah Black Lingenheld, in opposition.
Michael A. Zizka, in support of the petition.
Richard P. Weinstein and Sarah Black Lingenheld, in opposition.
The defendant's petition for certification to appeal from the Appellate Court, 217 Conn. App. 714, 290 A.3d 853 (2023), is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that General Statutes § 8-3 (d), which requires notices of zoning amendments to be published in a ‘newspaper having a substantial circulation in the municipality,’ may be satisfied by evidence of the specific number of newspapers physically sold or distributed within that municipality?
"2. Did the Appellate Court correctly conclude that the ready availability of a newspaper to residents of a municipality within that newspaper's area of coverage, where the newspaper has a history of being used for the municipality's notices, was insufficient to satisfy the ‘substantial circulation’ requirement of § 8-3 (d) ?"