General

Sam Sobol v. Planning and Zoning Commission of the Town of Wethersfield et al.

158 Conn. 623·Connecticut Supreme Court·1969·CT

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Opinion

Sam Sobol v. Planning and Zoning Commission of the Town of Wethersfield et al. King, C. J., Alcorn, House, Thim and Ryan, Js. Argued November 12 decided November 13, 1969 Richard P. Kuzmak, for the appellants (defendant Candido D’Occhio et al.). Edward H. Kenyon, for the appellee (plaintiff). [MAJORITY — Per Curiam.] Per Curiam. The trial court substituted its judgment for that of the defendant commission. It had no authority to do so. Belknap v. Zoning Board of Appeals, 155 Conn. 380, 384, 232 A.2d 922, and cases cited; see Hawkes v. Town Plan & Zoning Commission, 156 Conn. 207, 240 A.2d 914. There is error, the judgment is set aside and the case is remanded with direction to dismiss the appeal.