
August 30, 2004 |
2004-R-0690 | |
APPEALS OF ZONING DECISIONS | ||
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By: Kevin E. McCarthy, Principal Analyst | ||
You asked for the legislative history of CGS § 8-8 since 1999, particularly whether laws adopted after the passage of PA 00-84 affect the changes it made.
CGS § 8-8 specifies the process for appealing decisions by (1) planning and zoning commissions and zoning boards of appeals and (2) a municipality’s chief elected official regarding enforcement of littering and dumping laws can be appealed to the courts.
PA 99-238 required that, in cases where the appeal is based on the alleged failure of the agency or official to provide proper notice of a hearing or decision, the appeal must be taken within two years of the decision. This provision, which was codified at CGS Sec. 8-8(r), was originally effective July 1, 2000. PA 00-84 specified that this provision only applied to errors, irregularities, and omissions occurring on or after January 1, 1999.
Subsequently, PA 00-108 deleted former subsection (h) of CGS § 8-8, which dealt with surety bonds in appeals, added language regarding transcripts, and made conforming changes. PA 01-47 added a new subsection (e) regarding mediation and made conforming changes. PA 01-110 reduced the time to appeal decisions based on improper notice from two years to one. PA 01-195 made technical changes. PA 02-74 added language in subsection (b) of CGS § 8-8 regarding the ability to appeal decisions regarding site plan reviews. It does not appear that any of these changes affect the provisions of PA 00-84, and we have seen nothing in the legislative history of these acts to the contrary.
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