Tayco Corporation v. Planning and Zoning Commission of the Town of Wallingford

Summary

The court held that the statutory savings provision applies only when process is delivered to a marshal for service before the applicable limitations period expires, which requires an instruction to effectuate service within that period. Because the record did not establish when the marshal received that instruction, the court reversed the denial of the motion to dismiss and remanded for that factual determination, while retaining jurisdiction over the appeal. The opinion contains no separate writings.