148 Conn. 113 | Conn. | 1961
In accordance with the provisions of § 13-12 of the General Statutes before it was amended by Public Acts 1959, No. 152, § 35, and No.
On November 8, 1957, after a hearing, the county commissioners found that the road was a public highway and ordered that on or before May 1,1958, the plaintiff town make certain designated repairs to it. Prom this order the plaintiff town and the plaintiff Clark, a resident and taxpayer of Waterford, appealed, by application dated November 21, 1957, to the Superior Court, in accordance with the provisions of § 13-13 of the General Statutes then in effect (subsequently amended by Public Acts 1959, No. 152, § 36). After a hearing, the Superior Court itself found that the roadway in question was a public highway.
In the meantime, on November 19,1957, the selectmen of Waterford, in writing, discontinued the portion of Pilgrim Road involved in this case. The discontinuance was approved by the town on November 25,1957. It is obvious that if the discontinuance was effective, the questions involved in this case are moot. Only if the discontinuance was ineffective would there be any occasion for considering the propriety or legality of the order to repair, since it could not be operative as to a discontinued highway. Such a highway would no longer be a public highway. Benham v. Potter, 52 Conn. 248, 252.
Under the peculiar circumstances, we have decided to continue the appeal from the judgment of the Superior Court upon our docket until the validity of the discontinuance is finally determined and until further action by the parties. National Transportation Co. v. Toquet, 123 Conn. 468, 486, 196 A. 344.
The cause is continued upon our docket without present decision.
In this opinion the other judges concurred.