Bardes v. Zoning Board

On December 18, 1952, the named defendant
granted a change of zone of certain land in
Stamford comprising five and a fraction acres.
The three plaintiffs, all taxpayers owning real
estate in the immediate vicinity, appealed from
the action of the board to the Court of Common
Pleas. Their appeal was dismissed, and from the
judgment rendered thereon they have appealed to
this court. In the brief filed by the defendants in this
court, the claim was made for the first time that
there was no statutory authority for an appeal
from the action of the Stamford zoning board. It
would therefore follow that if the claim is sound
the Court of Common Pleas was without jurisdiction
to entertain the appeal and this court is without
jurisdiction in the premises. Whenever the absence
of jurisdiction is brought to the notice of a court,
cognizance of the fact must be taken and the matter
determined before it can move a further step in the
case. Marcil v. A. H. Merriman & Sons, Inc.,
115 Conn. 678, 682, 163 A. 411. An examination of the
provisions of the Stamford charter concerning zoning
fails to reveal any authorization for an appeal to
the courts from decisions of the zoning board at the
time this appeal was taken. Nor can we find any
general statute providing for such an appeal.
Zoning existed in Stamford by virtue of chapter 55
of the Stamford charter. 25 Spec. Laws 444. An
appeal has now been provided for by an amendment
to the charter. 26 Spec. Laws 1238, 556.