Auto Show Accident Lawsuit

(

SUMMONS - CIVIL

STATE OF CONNECTICUT

(Except Family Actions)

"X" ONE OF THE FOLLOWING: Amount, legal interest or property in demand, exclusive of interest and

SUPERIOR COURT

JD-CV-1 Rev. 1-2000 C.G.s. 搂 51-346,51-347.51-349,51路350, 52-45a, 52-46,52-259, P.B. Sees 3-1 thru 3-21,8-1 INSTRUCTIONS

www.jud.ct.gov

costs is:

1. Type or print legibly: sign original summons and conform all copies of the summons.

2. Prepare or photocopy conformed summons for each defendant.

3. Attach the onginal summons to the original complaint, and attach a copy of the summons to each copy of the complaint. Also, if there are more than 2 plaintiffs or 4 defendants prepare form JD-CV-2 and attach it to the onginal and all copies of the complaint.

4. Mer service has been made by a proper officer, file original papers and officer's return with the clerk of court 5. The party recognized to pay costs must appear personally before the authority taking the recognizance.

6. Do not use this form for actions in which an attachment, garnishment or replevy is being sought. See Practice Book Section 8-1 for other exceptions.

TO: Any proper officer; BY AUTHORITY OF THE STATE OF CONNECTICUT. you are hereby commanded to make due and legal service of this Summons and attached Complaint.

B

JUDICIAL DISTRICT

.I

o

0 0 0

less than $2,500 $2,500 through $14.999.99 $15,000 or more

("X" if applicable) Claiming other relief in ~ addition to or in lieu of money or damages.

RETURN DATE (Mo., day, yr) (Must be a Tuesday)

10/21/2008

. CASE TYPE (See JD-CV.1c)

AT (Town in which writ is returnable) (C.G.S. 51-346, 51-349)

New Haven GANO. Ma'or A Minor 00' HOUSING SESSION ADDRESS OF COURT CLERK WHERE WRIT AND OTHER PAPERS SHALL BE FILED (No., street, town and zip code) (C.G.S. 51-346. 51-350) TELEPHONE NO. (with area code) I

235 Church Street, New Haven, CT 06510

(203) 503-6800

NAME AND ADDRESS OF EACH PARTY

PARTIES

(No., street. town and zip code)

10

NOTE: Individuals' Names: Last, First, Middle Initial

FIRST NAMED TOWN OF WALLINGFORD, 45 South Main Street, Wallingford, CT 06492 PLAINTIFF

Form JD-CV-2 attached

PTY NO. 01

Additional Plaintiff

02

FIRST NAMED ZONING BOARD OF APPEALS, CITY OF MERIDEN By Service Upon Irene G. Masse, City Clerk, City Hall, 142 DEFENDANT East Main Street, Meriden, CT 06450 Additional Defendant

MARK DEVELOPMENT, LLC, 1180 North Colony Road, Wallingford, CT 06492 By Service Upon Its Agent for Service, MARK C. AL'rERI, 850 Murdock Avenue, Meriden, CT 06450

50 51

Additional Defendant

52

Additional Defendant

53

NOTICE TO EACH DEFENDANT 1. YOU ARE BEING SUED. 2. This paper is a Summons in a lawsuit 3. The Complaint attached to these papers states the daims that each Plaintiff is making against you in this lawsuit.

4. To respond to this Summons, or to be informed of further proceedings, you or your attorney must file a form called an "Appearance" with the Clerk of the above-named Court at the above Court address on or before the second day after the above Return Date.

5. If you or your attorney do not file a written "Appearance" form on time. inst you by default a judgment may be entered

6. The "Appearance" form may be obtained at the above Court address.

7. If you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately take the Summons and Complaint to your insurance representative.

8. If you have questions about the Summons and Complaint, you should consult an attorney promptly. The Clerk of Court is not permitted to give advice on legal questions.

~ Comm, of Superior Court

DATE

o

9-25-2008

TYPE IN NAME OF PERSON SIGNING AT LEFT

Janis M. Small. Town Attorney

Assistant Clerk

E ENTER THE APPEARANCE OF: NAME AND AD

Janis M.S

E

OF ATTORNEY, LAW FIRM OR PLAINTIFF IF PRO SE (No., street, town and zip code)

TELEPHONE NUMBER

(203) 294-2140

, Town Attorney, 45 South Main Street, Wallingford, CT 06492

NAME AND ADDRESS OF PERSON RECOGNIZED TO PROSECUTE IN THE AMOUNT OF $250 (No,. s1Teet, town and zjp code)

Barbara Jo Crowther, 45 South

66020

SIGNATURE OF PLAINTIFF IF PRO SE

in Street, Wallingford, CT 06492

rRI Comm. of Superior Court

#PLFS.

o

1

Assistant Clerk

a. The signing has been 0 so that the Plalntiff(s) will not be denied acoess to the courts. b. It Is the responsibility he Plaintiff(s) to see that service is made in the manner provided by law, c. The Clerk is not permitted to give any legal advice in connection with any lawsuit. d. The Clerk signing this Summons at the request of the Plaintiff(s) is not respons ble in anyway for any errors or omissions in the Summons, any allegations contained in the Complaint, or the service thereof. . I hereby certify I have read and understand the above:

JURIS NO. (If aay. or law nrm)

DATE SIGNED

SIGNED (Pro Se Plaintiff)

ORIGINAL

For Court Use Only FILE DATE

RETURN DATE: OCTOBER 21,2008

SUPERIOR COURT

TOWN OF WALLINGFORD

JUDICIAL DISTRICT OF NEW HAVEN

V.

AT NEW HAVEN

CITY OF MERIDEN ZONING BOARD OF APPEALS, ET AL

SEPTEMBER 25, 2008

TO ANY STATE MARSHAL OF THE COUNTY OF NEW HAVEN OR HIS DEPUTY WITHIN SAID COUNTY, GREETING:

BY THE AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to summon the ZONING BOARD OF APPEALS of the City of Meriden in the County of New Haven and State of Connecticut, and MARK DEVELOPMENT, LLC, of the Town of Wallingford, County of New Haven and State of Connecticut, to appear before the Superior Court for the Judicial District of New Haven to be held at 235 Church Street, New Haven, Connecticut on October 21, 2008, said appearance to be made by the Zoning Board of Appeals of the City of Meriden or its attorney by entering a written statement of appearance with the Clerk of said Court on or before the second day following complaint and appeal of the Town of Waliingford, a Connecticut municipal corporation with an office at 45 South Main Street, Wallingford, Connecticut, by leaving with Irene G. Masse, City Clerk of the City of Meriden, at City Hall, 142 East Main

Street, Meriden, Connecticut, two true and attested copies of the complaint and appeal and of this summons and by serving upon Mark Development, LLC by service upon its Agent for Service, Mark C. Alteri, at a business address of 850 Murdock Avenue, Meriden, Connecticut, a true and attested copy of the complaint and appeal and of this summons, at least twelve days before the return day, in the manner provided by law for the service of civil process.

I hereby certify that I have personal knowledge of the financial responsibirity of the plaintiff and deem it sufficient to pay the costs of this action.

Hereof fail not but of this writ with your doings thereon, make due service and return. th

Dated at Wallingford, Connecticut this 25 day of September, 2008.

TOWN OF WAWNGFORD • DEPARTMENT OF LAW

RETURN DATE: OCTOBER 21, 2008

SUPERIOR COURT

TOWN OF WALLINGFORD

JUDICIAL DISTRICT OF NEW HAVEN

V.

AT NEW HAVEN

CITY OF MERIDEN ZONING BOARD OF APPEALS, ET AL

SEPTEMBER 25, 2008

APPEAL FROM DECISION OF THE ZONING BOARD OF APPEALS OF THE CITY OF MERIDEN TO THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN comes the TOWN OF WALLINGFORD, appealing a decision of the Zoning Board of Appeals of the City of Meriden, and complains and says: 1. The Plaintiff, the Town of Wallingford, is a municipal corporation located in the County of New Haven and State of Connecticut.

2. The Defendant, Zoning Board of Appeals of the City of Meriden, is the authority designated to hear applications for variances in the City of Meriden.

3. On September 2, 2008, the Meriden Zoning Board of Appeals heard an application for a variance filed by Mark Development, LLC for its property located at 850 Murdock Avenue, Meriden, Connecticut.

4. 850 Murdock Avenue, Meriden is in the Regional Development District (ROD) as set forth in the Zoning Regulations of the City of Meriden.

5. The ROD permits hotels, executive offices, research and development, medical centers, colleges and distribution facilities associated with the offices or research and development.

6. Automotive sales and services are not listed as a permitted use in an ROD zone.

7. Mark Development sought a variance of ยง213-26.2C. Uses in order to permit automotive sales and services on its property.

8. 850 Murdock Avenue is within 500 feet of the town line between the City of Meriden and the Town of Wallingford.

9. The Zoning Board of Appeals approved the variance on September 2, 2008.

10. The Zoning Board of Appeals failed to provide any reason for its approval of the variance.

11. Notice of the decision of the Zoning Board of Appeals was published on September 17, 2008 in the ioeal newspaper.

12. The decision of the Zoning Board of Appeals was illegal. arbitrary and capricious and in an abuse of its discretion in one or more of the following ways:

(

(

(a) The applicant failed to establish a hardship and other legal requirements for the variance; (b) The Zoning Board of Appeals failed to find and the record did not support a finding that the variance would not substantially affect the comprehensive zoning plan; (c) The Zoning Board of Appeals improperly considered the financial aspects of the Applicant's request; (d) The decision was not supported by substantial evidence and the Board considered improper/invalid evidence; (e) The Zoning Board of Appeals improperly relied upon the testimony of the Applicant's attorney; (f) The variance was improperly granted for a use which is inconsistent with the purpose and intent of the ROD and other uses in the District; (g) The Board improperly considered increased tax revenue in making its decision; (h) There was insufficient evidence that the failure to grant the variance would result in confiscation of the Applicant's property; (i) The Applicant was not entitled to a variance in that it bought the property with the knowledge that it could not be used for auto sales and service;

0) The variance was improper in that it violated Section 213-11 of the Zoning Regulations which prohibits any use not specifically permitted; and (k) The Board did not properly apply and/or satisfy Sections 213-57.C and 213­ 59.C of the Zoning Regulations.

13. The Town of Wallingford is aggrieved by the Zoning Board of Appeal's decision in that the property of the applicant borders the Town of Wallingford, the applicant submitted a plan to the Zoning Board of Appeals which proposed that most of the project's traffic would be specifically routed on to Wallingford streets; the Applicant's property abuts Town of Wallingford property, Northrop Road; the Applicant proposes to design its entrance to its property in such a way as to require large trucks to only use Wallingford roads.

14. The Town of Wallingford, in addition to being an abutter, has an interest in the proper use of its roads and the public safety of persons using the roads and living adjacent to said roads. Further, the Town has an interest in the Applicant's plan which includes a portion of its property in the Town of Wallingford. Further, Connecticut General Statutes §8-7d(f) provides that a town within 500 feet of the property may participate in the proceeding.

WHEREFORE, the Town of Wallingford appeals the decision of the Zoning Board of Appeals of the City of Meriden and prays for a judgment of the Court: 1. Sustaining the appeal and vacating the Zoning Board of Appeals decision granting the variance; and 2. Granting such other and further relief as this Court may find just and proper.

THE PLAINTIFF

ALL 1: w. Attorney outh Main Street Wallingford, CT 06492 Juris No. 66020 Telephone No. (203) 294-2140