Farmington River Watershed Ass'n v. Pac

Connecticut Appellate Court

Farmington River Watershed Ass'n v. Pac

550 A.2d 1101, 17 Conn. App. 165, 1988 Conn. App. LEXIS 471

CourtConnecticut Appellate Court

DecidedDecember 13, 1988

Docket6486

StatusPublished

Cited by2 cases

This text of 550 A.2d 1101 (Farmington River Watershed Ass'n v. Pac) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmington River Watershed Ass'n v. Pac, 550 A.2d 1101, 17 Conn. App. 165, 1988 Conn. App. LEXIS 471 (Colo. Ct. App. 1988).

Pincite

Opinion

Per Curiam.

This case is controlled by Donis v. Board of Examiners in Podiatry, 207 Conn. 674, 542 A.2d 726 (1988). In Donis, the Supreme Court held that the department of health services was a party of record to the administrative proceeding and was therefore required to be cited and served as a defendant in the appeal. In this case, the only “service” upon the department of health services was personal service to a planning analyst. Moreover, that service was beyond the thirty day statutory period. This is improper service upon the department, who was a party of record within the meaning of General Statutes § 4-183 (b). The appeal provisions of General Statutes § 4-183 are jurisdictional in nature, and, if not complied with, render the appeal subject to dismissal. Donis v. Board of Examiners in Podiatry, supra, 683. The trial court did not err in granting the motion to dismiss the appeal.

There is no error.

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Per Curiam.

This case is controlled by Donis v. Board of Examiners in Podiatry, 207 Conn. 674, 542 A.2d 726 (1988). In Donis, the Supreme Court held that the department of health services was a party of record to the administrative proceeding and was therefore required to be cited and served as a defendant in the appeal. In this case, the only “service” upon the department of health services was personal service to a planning analyst. Moreover, that service was beyond the thirty day statutory period. This is improper service upon the department, who was a party of record within the meaning of General Statutes § 4-183 (b). The appeal provisions of General Statutes § 4-183 are jurisdictional in nature, and, if not complied with, render the appeal subject to dismissal. Donis v. Board of Examiners in Podiatry, supra, 683. The trial court did not err in granting the motion to dismiss the appeal.

There is no error.

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Bluebook (online)

550 A.2d 1101, 17 Conn. App. 165, 1988 Conn. App. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmington-river-watershed-assn-v-pac-connappct-1988.

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