Defilippo v. Board of Police Commissioners

Connecticut Superior Court

Defilippo v. Board of Police Commissioners

311 A.2d 100, 30 Conn. Super. Ct. 290, 30 Conn. Supp. 290, 1973 Conn. Super. LEXIS 172

CourtConnecticut Superior Court

DecidedMay 7, 1973

DocketFile No. 97017

StatusPublished

Cited by3 cases

This text of 311 A.2d 100 (Defilippo v. Board of Police Commissioners) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Defilippo v. Board of Police Commissioners, 311 A.2d 100, 30 Conn. Super. Ct. 290, 30 Conn. Supp. 290, 1973 Conn. Super. LEXIS 172 (Colo. Ct. App. 1973).

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Opinion

This action purports to be an appeal under § 52-7 of the General Statutes which provides: "The court of common pleas shall have *Page 291 exclusive jurisdiction of all appeals from the doings of any municipal board, officer or commission, and all appeals from the doings of the liquor control commission. . . ." It was brought by a member of the police department who claimed that the police commissioners made illegal appointments and promotions to and within the department.

This motion by the defendants Osso and Smith to erase alleges that the complaint does not allege that the plaintiff was a party in the proceedings of the board complained of and that there is no authority by statute or municipal charter or ordinance giving a right of appeal to one in the plaintiff's position.

The plaintiff claims that § 52-7 creates such a right. We cannot agree with this contention. It merely provides that the forum having jurisdiction to hear such appeals is the Court of Common Pleas. It does not create any right of appeal. The remedy of appeal must exist in some other source. Absent a right of appeal, the court has no jurisdiction to entertain an appeal. Long v. Zoning Commission,133 Conn. 248.

Judgment may enter erasing the appeal as to the defendants Osso and Smith.

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This action purports to be an appeal under § 52-7 of the General Statutes which provides: "The court of common pleas shall have *Page 291 exclusive jurisdiction of all appeals from the doings of any municipal board, officer or commission, and all appeals from the doings of the liquor control commission. . . ." It was brought by a member of the police department who claimed that the police commissioners made illegal appointments and promotions to and within the department.

This motion by the defendants Osso and Smith to erase alleges that the complaint does not allege that the plaintiff was a party in the proceedings of the board complained of and that there is no authority by statute or municipal charter or ordinance giving a right of appeal to one in the plaintiff's position.

The plaintiff claims that § 52-7 creates such a right. We cannot agree with this contention. It merely provides that the forum having jurisdiction to hear such appeals is the Court of Common Pleas. It does not create any right of appeal. The remedy of appeal must exist in some other source. Absent a right of appeal, the court has no jurisdiction to entertain an appeal. Long v. Zoning Commission,133 Conn. 248.

Judgment may enter erasing the appeal as to the defendants Osso and Smith.

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Bluebook (online)

311 A.2d 100, 30 Conn. Super. Ct. 290, 30 Conn. Supp. 290, 1973 Conn. Super. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defilippo-v-board-of-police-commissioners-connsuperct-1973.

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