Brunswick v. Inland Wetlands Commission of Bethany

617 A.2d 466, 29 Conn. App. 634, 1992 Conn. App. LEXIS 440
CourtConnecticut Appellate Court
DecidedDecember 8, 1992
Docket8983
StatusPublished
Cited by21 cases

This text of 617 A.2d 466 (Brunswick v. Inland Wetlands Commission of Bethany) 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
Brunswick v. Inland Wetlands Commission of Bethany, 617 A.2d 466, 29 Conn. App. 634, 1992 Conn. App. LEXIS 440 (Colo. Ct. App. 1992).

Opinion

O’Connell, J.

This case is now before us on remand from the Supreme Court. We previously considered the matter in Brunswick v. Inland Wetlands Commission, 25 Conn. App. 543, 596 A.2d 463 (1991), in which we dismissed the appeal because the plaintiff-attorney had signed his own writ. Consequently, we did not reach the merits of the plaintiffs’ claims. The Supreme Court granted certification, reversed our decision and remanded the case to this court for consideration of the merits of the plaintiffs’ appellate claims. Brunswick v. Inland Wetlands Commission, 222 Conn. 541, 610 A.2d 1260 (1992).

The case involves an appeal to the trial court by abutting property owners1 from the decision of the Bethany inland wetlands commission (commission) granting the application of DJM Corporation (DJM)2 for a wetlands [636]*636permit and subdivision approval. After a hearing on the merits, the trial court dismissed the appeal and the plaintiffs appealed to this court.

The plaintiffs claim that the trial court improperly failed to find (1) that there was an appearance of a conflict of interest, (2) that a commission member was disqualified from voting on the application, (3) that the commission’s decision was not timely, (4) that the commission chairman was prejudiced and denied the plaintiffs a fair hearing, (5) that the commission’s jurisdiction was defective, and (6) that the commission improperly considered technical issues. We reverse the decision of the trial court.

The commission granted DJM’s application for approval of a fourteen lot subdivision. The original ten plaintiffs, all of whom owned property abutting the land in question, appealed from the commission’s decision, claiming that the commission had acted illegally, arbitrarily and in abuse of its discretion in several respects. The trial court conducted an evidentiary hearing to determine whether one of the commissioners had an interest in the outcome of the decision. The trial court found that there was no conflict of interest with respect to the commissioner in question, nor was there an appearance of a conflict of interest, and also rejected all of the plaintiffs’ other claims.

I

The plaintiffs first claim that commissioner Wayne J. Crotta appeared to have a proprietary interest in the approval of DJM’s subdivision application and consequently should have been disqualified from voting on the application. The review of administrative agency proceedings is normally limited to the record and no [637]*637evidence is taken by the trial court. Ierardi v. Commission on Human Rights & Opportunities, 15 Conn. App. 569, 584, 546 A.2d 870, cert. denied, 209 Conn. 813, 550 A.2d 1082 (1988). There is, however, an exception to this limitation in the case of an allegation of an illegality not apparent on the record. Id., 584-85. In that situation, the trial court may, in its discretion, permit additional evidence to be presented. Tarasovic v. Zoning Commission, 147 Conn. 65, 69-70, 157 A.2d 103 (1959). A claim of conflict of interest is a common ground for conducting such an evidentiary inquiry. See, e.g., Cioffoletti v. Planning & Zoning Commission, 209 Conn. 544, 554, 552 A.2d 796 (1989).

The evidentiary hearing established that Crotta was in the construction business and that his construction company had built roads in two subdivisions in Bethany. Crotta, as a member of the commission, had voted for approval of both subdivisions. The first subdivision involved the application of the HEB Corporation. Crotta made the motion to approve the application and subsequently was given the contract to build the subdivision’s roads. Crotta testified that at the date of his testimony there was a $251,000 balance due on the HEB job and, further, that when he voted to approve the HEB subdivision, the possibility that he might get the contract to build its roads was in his mind. The second occurrence involved the Sabrina Corporation’s application for subdivision approval. Crotta knew that there was a possibility that he might get the contract to build this subdivision’s roads, but, nevertheless, voted to approve the application. Subsequently, Crotta built the roads for $172,000.

Crotta testified that seconding the motion for approval of the subdivision and voting in favor of it, in the present case, would not preclude him from subsequently bidding to get the road building business but that at the time of voting he had not yet decided if he [638]*638would bid on the roadwork. He was asked if, in casting his affirmative vote, he reserved the right to bid on the subdivision’s roadwork. This question was never answered because the trial court sustained the commission’s objection to it. The plaintiffs excepted to the ruling but were not allowed to explain why they felt the question was appropriate.3 The plaintiffs included the trial court’s ruling on this question as one of their claims on appeal but failed to brief it. Claims mentioned but not adequately briefed are deemed abandoned. State v. Rumore, 28 Conn. App. 402, 410-11, 613 A.2d 1328 (1992).

On appeal, the plaintiffs concede that they did not demonstrate an actual conflict of interest on Crotta’s part, but contend that they showed an appearance of conflict that was sufficient to warrant reversal.

The bright line rule is that decisions of zoning authorities should be overturned if they have not been reached fairly and with proper motives. Thorne v. Zoning Commission, 178 Conn. 198, 423 A.2d 861 (1979); McMahon v. Board of Zoning Appeals, 140 Conn. 433, 101 A.2d 284 (1953); Devaney v. Board of Zoning Appeals, 143 Conn. 322, 122 A.2d 303 (1956); Longo v. Board of Zoning Appeals, 143 Conn. 395, 122 A.2d 784 (1956). “Public office is a trust conferred by public authority for a public purpose. The status of each member of the commission forbids him from placing himself in a position where private interests conflict with his public duty.” Mills v. Town Plan & Zoning Commission, 144 Conn. 493, 498, 134 A.2d 250 (1957). The law does not require proof that the interested commissioner actually acted wrongfully. The evil lies not in the wrongful act of the commissioner but “rather in the creation of a situation [639]*639tending to weaken public confidence and to undermine the sense of security of individual rights which the property owner must feel assured will always exist.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barry v. Historic District Commission
950 A.2d 1 (Connecticut Appellate Court, 2008)
Moyer v. Westport Conservation Comm., No. Cv01 0185288 S (Feb. 24, 2003)
2003 Conn. Super. Ct. 2467 (Connecticut Superior Court, 2003)
Duchess v. Planning and Zoning Comm., No. Cv98 035 24 74 (Mar. 2, 2001)
2001 Conn. Super. Ct. 3386 (Connecticut Superior Court, 2001)
Pollard v. Zoning Bd. of App., Middlebury, No. Cv99-0150396 (Oct. 31, 2000)
2000 Conn. Super. Ct. 13209 (Connecticut Superior Court, 2000)
Stuart Products v. Enviro Finishing, No. Cv 99-042 1466 S (Sep. 21, 2000)
2000 Conn. Super. Ct. 11403 (Connecticut Superior Court, 2000)
Continental Mortgage Banking v. Disette, No. Cv 97 0162391 (Jun. 12, 2000)
2000 Conn. Super. Ct. 6875 (Connecticut Superior Court, 2000)
State v. Perry
751 A.2d 843 (Connecticut Appellate Court, 2000)
Scrivano v. Cromwell Zoning Bd. of App., No. Cv98-0087415-S (Apr. 28, 2000)
2000 Conn. Super. Ct. 4700 (Connecticut Superior Court, 2000)
Wright v. Town of Mansfield, No. Cv 99 69096 S (Nov. 12, 1999)
1999 Conn. Super. Ct. 15111 (Connecticut Superior Court, 1999)
Grimes v. Conservation Commission
712 A.2d 984 (Connecticut Appellate Court, 1998)
Brown v. Brown, No. Fa-89 359081 S (Mar. 17, 1995)
1995 Conn. Super. Ct. 2521 (Connecticut Superior Court, 1995)
Andrews v. Gorby, No. Cv 930306238s (Mar. 10, 1995)
1995 Conn. Super. Ct. 2163 (Connecticut Superior Court, 1995)
Ross v. Medical University of South Carolina
453 S.E.2d 880 (Supreme Court of South Carolina, 1994)
Sanzone v. State, No. Cv87 263649 (Jul. 15, 1994)
1994 Conn. Super. Ct. 7128 (Connecticut Superior Court, 1994)
Hendel Family Trust v. Old Saybrook Z.B.A., No. 66564 S (Mar. 15, 1994)
1994 Conn. Super. Ct. 2947 (Connecticut Superior Court, 1994)
Wine Liquor Junc. v. Zoning Bd. of App., No. Cv93-041818 (Jan. 3, 1994)
1994 Conn. Super. Ct. 397 (Connecticut Superior Court, 1994)
Town of Woodbury v. Taylor, No. 104481 (Dec. 28, 1993)
1993 Conn. Super. Ct. 11284 (Connecticut Superior Court, 1993)
Carnese v. Planning Zoning Comm'n, No. Cv92 0299969 S (Jul. 7, 1993)
1993 Conn. Super. Ct. 6610-X (Connecticut Superior Court, 1993)
Grillo v. Zoning Bd. of Appeals of Stonington, No. 521987 (Apr. 29, 1993)
1993 Conn. Super. Ct. 4191 (Connecticut Superior Court, 1993)
Dean v. Riley
623 A.2d 521 (Connecticut Appellate Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
617 A.2d 466, 29 Conn. App. 634, 1992 Conn. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunswick-v-inland-wetlands-commission-of-bethany-connappct-1992.