AEL Realty Holdings, Inc. v. Board of Representatives

847 A.2d 998, 82 Conn. App. 613, 2004 Conn. App. LEXIS 174
CourtConnecticut Appellate Court
DecidedApril 27, 2004
DocketAC 22565
StatusPublished
Cited by1 cases

This text of 847 A.2d 998 (AEL Realty Holdings, Inc. v. Board of Representatives) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AEL Realty Holdings, Inc. v. Board of Representatives, 847 A.2d 998, 82 Conn. App. 613, 2004 Conn. App. LEXIS 174 (Colo. Ct. App. 2004).

Opinion

Opinion

FOTI, J.

The plaintiffs,1 owners of real property in the city of Stamford, appeal from the judgment of the trial court dismissing their appeal from a decision of the defendant board of representatives of the city of Stamford.2 On appeal, the plaintiffs claim that the court improperly concluded that (1) in an appeal from a decision of the defendant planning board of the city of Stamford to amend the city’s master plan, the board of representatives lacked the authority to modify an amendment approved by the planning board and (2) the change in the master plan approved by the defendants did not constitute an inverse condemnation of the plaintiffs’ property. We affirm the judgment of the trial court.

The underlying facts are not in dispute. The plaintiffs’ undeveloped real property is situated on West Park Place in the downtown area of the city. In 1988, the plaintiffs obtained approval from the zoning board of the city of Stamford to construct a fifteen story structure consisting of 118 residential units on the property. [615]*615The property is situated, for zoning purposes, in a zoning district suitable for residential, multifamily or high density use.

In January, 2000, the planning board, over the plaintiffs’ objections and acting pursuant to powers delegated to it by the charter of the city of Stamford (charter), approved an amendment to the city’s master plan.3 That amendment was integral to the “Mill River Corridor Project,” a comprehensive land use plan. One of that plan’s underlying purposes was to reclaim and to enhance open space and parks in the heart of the city, primarily along the Mill River, as well as to create affordable housing in the area. The plaintiffs’ property is located within the area encompassed by the plan, and the proposed amendment changed the property’s designation under the city’s master plan from land use category five (residential, multifamily, high density) to land use category thirteen (public parks).

Acting in accordance with § C6-30-7 of the Stamford Code of Ordinances (code), more than 20 percent of the owners of the privately owned land in the area directly affected by the amendment filed a petition with the planning board, objecting to the approval of the amendment. The planning board referred the matter to the board of representatives, which, after conducting a hearing on the amendment, approved it over the plaintiffs’ objections.

The plaintiffs appealed from the decision of the board of representatives to the Superior Court. The court, in a thorough and well reasoned decision, dismissed the appeal. The present appeal followed. We will set forth additional facts in the context of the plaintiffs’ claims.

I

The plaintiffs first claim that the court improperly concluded that in an appeal from a decision of the [616]*616planning board to amend the city’s master plan, the board of representatives lacked the authority to modify an amendment approved by the planning board. We disagree.

The plaintiffs raised their objections to the amendment before the board of representatives. The plaintiffs also asked the board of representatives to consider excluding their property from the amendment. At the hearing, board of representatives cochairman Donald B. Sherer and city attorney Andrew J. McDonald indicated that they believed that the board of representatives lacked the authority to exclude the plaintiffs’ property from the amendment. They indicated that the board of representatives could either approve or reject the planning board’s amendment; it could not modify it so as to exempt the plaintiffs’ property from its effects. The board of representatives thereafter approved the amendment. The court determined that the Stamford charter did not grant the board of representatives the power to modify an amendment before it for review. Accordingly, the court held that the board of representatives properly declined to modify the amendment.

The resolution of the issue before us requires us to interpret provisions of the Stamford charter. That is a question of law, and our review of the trial court’s conclusion is plenary. See Witty v. Planning & Zoning Commission, 66 Conn. App. 387, 390-91, 784 A.2d 1011, cert. denied, 258 Conn. 950, 788 A.2d 100 (2001). “It is well established that a city’s charter is the fountainhead of municipal powers. . . . The charter serves as an enabling act, both creating power and prescribing the form in which it must be exercised. ... It follows that agents of a city, including its commissions, have no source of authority beyond the charter. [T]heir powers are measured and limited by the express language in which authority is given or by the implication necessary to enable them to perform some duty cast upon them by [617]*617express language.” (Internal quotation marks omitted.) Alexander v. Retirement Board, 57 Conn. App. 751, 758-59, 750 A.2d 1139, cert. denied, 254 Conn. 902, 755 A.2d 217 (2000). The interpretation of a charter is a question of law, and the rules of statutory interpretation generally apply. Testa v. Waterbury, 55 Conn. App. 264, 270, 738 A.2d 740 (1999).

Section C6-30-7 of the code provides in relevant part: “If twenty (20) percent or more of the owners of the privately-owned land in the area included in any proposed amendment to the Master Plan . . . file a signed petition with the Planning Board within ten days after the official publication of the decision thereon, objecting to the proposed amendment, then said decision shall have no force or effect but the matter shall be referred by the Planning Board to the Board of Representatives within twenty days after such official publication, together with written findings, recommendations and reasons. The Board of Representatives shall approve or reject such proposed amendment at or before its second regularly-scheduled meeting following such referral. When acting upon such matters the Board of Representatives shall be guided by the same standards as are prescribed for the Planning Board in Section C6-30-3 of this Charter.4 The failure of the Board [618]*618of Representatives either to approve or reject said amendment within the above time limit shall be deemed as approval of the Planning Board’s decision. . . .” (Emphasis added.)

We are mindful that in interpreting the provisions of a charter, explicit words govern. “The language employed must be given its plain and obvious meaning, and, if the language is not ambiguous a court cannot arbitrarily add to or subtract from the words employed.” (Internal quotation marks omitted.) Arminio v. Butler, 183 Conn. 211, 218, 440 A.2d 757 (1981). Here, the charter expressly limits the authority of the board of representatives when reviewing an amendment approved by the planning board to either accepting or rejecting the proposed amendment. The plain meaning of those provisions leaves room for no other interpretation. The charter confers on the board of representatives the authority to modify amendments in other situations, but does not do so here.

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Bluebook (online)
847 A.2d 998, 82 Conn. App. 613, 2004 Conn. App. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ael-realty-holdings-inc-v-board-of-representatives-connappct-2004.