31 Conn. App. 793 | Conn. App. Ct. | 1993
The plaintiff appeals from the judgment of the trial court dismissing the plaintiff’s appeal from a decision of the board of tax review of the town of Guil-ford.
The following facts are pertinent to this appeal. The plaintiff, Concept Associates, Ltd., filed a timely appeal to the board of tax review of the town of Guilford (board). On March 31, 1992, the board affirmed the challenged assessment. On May 6, 1992, pursuant to Public Acts 1991, No. 91-221, § 4,
The plaintiff argues that General Statutes § 52-72 provides the vehicle by which it can amend its process to reflect the correct return date. The defendants, on the other hand, argue that the plaintiff cannot amend its civil process because the return date had already passed at the time the motion to amend had been filed in the trial court and therefore, the court did not have jurisdiction to consider the matter.
“Statutory limitations ... for the return of process implement the speedy determination of the issues involved. . . . Such time limitations on the enforce
The plaintiff’s reliance on Carlson v. Fisher, supra, is misplaced. In Carlson, in upholding the trial court’s denial of the defendant’s motion to dismiss, this court recognized that § 52-72 allows for “ ‘a proper amendment to civil process which has been made returnable to the wrong return day. . . .’ ” Id., 495. In Carlson, however, the motion to dismiss was filed before the date for return had passed, and there was no indication whether the amendment was filed before or after the return day had passed. That decision, therefore, is not controlling under the facts of this case.
In Arpaia v. Corrone, supra, by contrast, this court held that when the return of service is not timely, it
The judgment is affirmed.
In this opinion the other judges concurred.
The defendants are the named defendant and the town of Guilford.
Public Acts 1991, No. 91-221, § 4, provides in pertinent part: “Notwithstanding the provisions of sections 12-118, 12-121aa and 12-121bb of the general statutes, any person, including any lessee of real property whose lease has been recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes, claiming to be aggrieved by the action of the board of tax review in any town or city with respect to the assessment list for the assessment ye&r commencing October 1,1989, [or] October 1,1990, OR OCTOBER 1,1991, may, within two months from the time of such action, make application, in the nature of an appeal therefrom, to the superior court for the judicial district in which such town or city is situated, which shall be accompanied by a citation to such town or city to appear before said court. Such citation shall be signed by the same authority and such appeal shall be returnable at the same time and served and returned in the same manner as is required in case of a summons in a civil action. . . .” Public Acts 1991, No. 91-221, § 4, has been codified as General Statutes § 12-117a. See Southern New England Telephone Co. v. Board of Tax Review, 31 Conn. App. 155, 156 n.1, 623 A.2d 1027 (1993).
General Statutes § 52-48 provides in pertinent part: “(a) Process in civil actions, including transfers and applications for relief or removal, but not including summary process actions, brought to the superior court may be made returnable on any Tuesday in any month. The return day in any summary process action may be any week day, Monday through Saturday, except a holiday.
“(b) All process shall be made returnable not later than two months after the date of the process and shall designate the place where court is to be held.”
The plaintiff labeled the motion as a request to amend. Because of the language used in the body of the document, however, we will treat it as a motion to amend.
General Statutes § 52-72 provides in pertinent part: “(a) Any court shall allow a proper amendment to civil process which has been made returnable to the wrong return day or is for any other reason defective, upon payment of costs taxable upon sustaining a plea in abatement.
“(b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.”