Cited. 215 C. 58. Trial court's dismissal of plaintiff's zoning appeal for lack of subject matter jurisdiction reversed; right to appeal decision of zoning board to Superior Court and procedure prescribed in section shall be liberally interpreted in any case where strict adherence to these provisions would work surprise or injustice; although plaintiffs' zoning appeal citation should have named town clerk, plaintiffs had in fact served citation on town clerk, thus plaintiffs' failure to so name town clerk is not a defect that deprived trial court of subject matter jurisdiction over the appeal. 278 C. 751. In passing P.A. 04-78, legislature clearly and specifically provided that for any zoning appeal taken prior to October 1, 2004, process was to be served in accordance with Subsec. only; since appeal was served on July 15, 2003, and plaintiffs' marshal followed the service requirements of Sec. 52-57(b)(5), leaving two copies of appeal papers with town clerk, plaintiffs did not comply with service requirements of this Subsec. which sets forth exclusive method for service of process in zoning appeals taken before October 1, 2004, and plaintiffs failed to make proper service of process for their zoning appeal. 279 C. 672. Where marshal filed one copy of process on town clerk, actual service was made and failure to file two copies of process on town clerk constituted formal defect that could be corrected pursuant to Subsec. (p). 297 C. 414.
Cited. 43 CA 606.
Subsec. (i):