Opinion
(12152)
Argued November 2, 1993
Decision released November 23, 1993
Action to recover damages for, inter alia, the alleged taking of the plaintiffs' property as a result of rezoning, brought to the Superior Court in the judicial district of Middlesex, where the court, Austin, J., granted the defendants' motion for summary judgment and rendered judgment thereon, from which the plaintiffs appealed to this court. Affirmed.
William O. Riiska, with whom, on the brief, was Gregory T. D'Auria, for the appellants (plaintiffs).
Richard W. Tomc, with whom, on the brief, was John H. Hanks, for the appellees (defendants).
Although the briefs submitted by the parties raise multiple legal issues, the dispositive threshold question is whether there exists any material issue of fact that would have precluded the trial court from granting summary judgment for the defendant.
We conclude that no such material issue of fact was presented by the plaintiffs' affidavit filed in opposition to the motion for summary judgment and that the granting of the summary judgment was proper.