Berlin Batting Cages, Inc. v. Planning & Zoning Commission

821 A.2d 269, 76 Conn. App. 199, 2003 Conn. App. LEXIS 169
CourtConnecticut Appellate Court
DecidedApril 15, 2003
DocketAC 22282
StatusPublished
Cited by21 cases

This text of 821 A.2d 269 (Berlin Batting Cages, Inc. v. Planning & Zoning Commission) 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
Berlin Batting Cages, Inc. v. Planning & Zoning Commission, 821 A.2d 269, 76 Conn. App. 199, 2003 Conn. App. LEXIS 169 (Colo. Ct. App. 2003).

Opinion

Opinion

FOTI, J.

The defendant, the planning and zoning commission of the town of Berlin (commission), appeals from the judgment of the trial court sustaining the administrative appeal of the plaintiff, Berlin Batting Cages, Inc. On appeal, the commission claims that the court improperly (1) denied its motions to dismiss because the appeal was moot and because the plaintiff failed to exhaust its administrative remedies, (2) permitted the plaintiff to amend its complaint and (3) concluded that it lacked a legal basis on which to deny the plaintiffs site plan application. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our resolution of the issues raised in the commission’s appeal. On June 12, 1996, the plaintiff corporation, which owns real property in Berlin, filed with the commission an application seeking site plan approval to construct a go-cart track on the rear portion of its property.1 The plaintiff’s original application [201]*201sought approval to construct a track for use by gasoline powered go-carts. On July 14, 1996, the commission, reasoning that the application did not conform to certain zoning regulations, denied the application.

On July 29,1996, the plaintiff appealed from the commission’s denial to the Superior Court.2 The court later granted the plaintiffs request to amend its appeal, thereby permitting the plaintiff to challenge the validity of the regulations on which the commission relied in denying the application. The court conducted a hearing and, on May 14,1999, issued a memorandum of decision in which it reversed the commission’s decision. The court concluded that the commission had relied on regulations that were not valid. Accordingly, the court remanded the matter to the commission with direction to consider the application in light of only the regulations that were valid and in effect at the time of the filing of the application.

Both parties petitioned this court for certification to appeal from the trial court’s decision.3 On June 23,1999, this court granted both of the petitions. On July 8,1999, the plaintiff filed its appeal and, on July 9, 1999, the commission filed its appeal. On October 20, 1999, this court, sua sponte, ordered that the appeals be dismissed [202]*202because they did not challenge an appealable final judgment.4

On July 19, 1999, after the parties had filed their appeals to this court, the plaintiff filed another site plan application with the commission. In that application, the plaintiff sought approval of a site plan to construct a track on which to operate electric powered, as opposed to gasoline powered, go-carts. On October 14, 1999, the commission approved the application.

On July 6, 2000, after having reconsidered the original application in accordance with the trial court’s remand order, the commission again denied the application for approval to construct and to operate a track for the use of gasoline powered go-carts. On July 14, 2000, the plaintiff appealed to the Superior Court from the commission’s denial.5 6On February 27, 2001, the commission filed a motion to dismiss the appeal on the ground that the court lacked jurisdiction to hear the appeal because the controversy between the parties was moot. The court denied the motion and denied the commission’s subsequent motion to reconsider its denial. On May 8, 2001, the commission filed another motion to dismiss on the ground that the court lacked subject matter jurisdiction because the plaintiff had failed to exhaust available administrative remedies. The court also denied that motion.

After conducting a hearing, the court filed a memorandum of decision on June 6,2001. The court sustained the plaintiffs appeal and directed the commission to issue the requested permit. The commission thereafter petitioned this court for certification to appeal. This court granted the petition and, on August 31, 2001, the [203]*203commission filed the present appeal. Additional facts will be set forth as they become necessary in the context of the claims raised in the commission’s appeal.

I

The commission first claims that the court improperly denied its motions to dismiss the appeal on the grounds (1) that the issues raised therein were moot and (2) that the plaintiff had failed to exhaust its administrative remedies. We disagree.

A claim that an appellant in an administrative appeal seeks review of issues that are moot or that such appellant has failed to exhaust its administrative remedies implicates the court’s subject matter jurisdiction and may be raised at any stage of the proceedings. See, e.g., Johnson v. Dept. of Public Health, 48 Conn. App. 102, 108, 710 A.2d 176 (1998); Cole v. Planning & Zoning Commission, 40 Conn. App. 501, 505-506, 671 A.2d 844 (1996). Such a claim is a proper subject of a motion to dismiss. Practice Book § 10-30 et seq. A party may challenge a court’s subject matter jurisdiction at any time, and “whenever a court discovers that it has no jurisdiction, it is bound to dismiss the case, without regard to [its] previous rulings.” (Internal quotation marks omitted.) Concerned Citizens of Sterling v. Sterling, 204 Conn. 551, 557, 529 A.2d 666 (1987).

“The standard of review of a motion to dismiss is . . . well established. In ruling upon whether a complaint survives a motion to dismiss, a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader. ... A motion to dismiss tests, inter alia, whether, on the face of the record, the court is without jurisdiction.” (Internal quotation marks omitted.) Brookridge District Assn. v. Planning & Zoning Commission, 259 Conn. 607, 610-11, 793 A.2d 215 (2002). Furthermore, [204]*204whether subject matter jurisdiction exists is a question of law, and our review of the court’s resolution of that question is plenary. Id., 611. We will address separately each of the commission’s motions to dismiss.

A

Mootness

The commission, in its February 27, 2001 motion to dismiss, claimed that because it approved the plaintiffs application to construct and to operate an electric powered go-cart track, the controversy between the parties no longer existed, rendering the appeal moot. The commission posited that the plaintiff, having obtained approval of the subsequent application, had “waived whatever benefit it may have derived from the earlier application [and that] its development rights are controlled by the subsequent approval . . . .”

“Mootness presents a circumstance wherein the issue before the court has been resolved or had lost its significance because of a change in the condition of affairs between the parties. ... A case becomes moot when due to intervening circumstances a controversy between the parties no longer exists. . . .

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Bluebook (online)
821 A.2d 269, 76 Conn. App. 199, 2003 Conn. App. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berlin-batting-cages-inc-v-planning-zoning-commission-connappct-2003.