Chestnut Point Realty, LLC v. Town of East Windsor

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Plaintiff, Chestnut Point Realty, LLC, owned real property in the Town of East Windsor that that was assessed for purposes of the October 1, 2012 grand list. The Board of Assessment Appeals denied Plaintiff’s request for a reduction in the property’s assessed value. Plaintiff subsequently filed a complaint in the superior court alleging that the property had been overvalued. The Town filed a motion to dismiss for lack of jurisdiction because Plaintiff did not serve the appeal papers within the two-month period allotted by Conn. Gen. Stat. 12-117a. The superior court granted the Town's motion. The Appellate Court affirmed. Plaintiff appealed, arguing that, under the plain language of section 12-117a, its appeal was timely commenced upon the filing of its appeal documents in the superior court even though the appeal was not served on the Town until a date beyond the expiration of the two-month appeal period. The Supreme Court affirmed, holding that because Plaintiff failed to serve its appeal on the Town within the two-month limitation period, the trial court properly dismissed the appeal as untimely. View "Chestnut Point Realty, LLC v. Town of East Windsor" on Justia Law