Butzgy v. Town of Glastonbury

523 A.2d 1258, 203 Conn. 109, 1987 Conn. LEXIS 823
CourtSupreme Court of Connecticut
DecidedApril 7, 1987
Docket12821
StatusPublished
Cited by30 cases

This text of 523 A.2d 1258 (Butzgy v. Town of Glastonbury) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butzgy v. Town of Glastonbury, 523 A.2d 1258, 203 Conn. 109, 1987 Conn. LEXIS 823 (Colo. 1987).

Opinion

Dannehy, J.

On appeal, the plaintiffs challenge the dismissal of their complaint in which they were seeking a declaratory judgment and injunctive relief. The action arose out of the proposed construction of an extension of a road in Glastonbury. The trial court, in dismissing the complaint, ruled that the court lacked subject matter jurisdiction because the claims should have been brought by way of an administrative appeal.

It appears from the record that all of the plaintiffs own real property on Eastbury Hill Road in Glastonbury. At the time this action was commenced, that road began at Manchester Road and ended in a cul-de-sac. In March, 1984, Hilltop Woods, Inc., a nonparty, applied to the Glastonbury town plan and zoning commission (commission) for approval to subdivide land adjacent to Eastbury Hill Road. In May, 1984, the commission approved the application for the subdivision on the condition that the applicant construct an extension to Eastbury Hill Road. The extension would connect [111]*111the road to Thompson Street, thereby opening East-bury Hill Road to through traffic. Some of the plaintiffs in this action, together with other Eastbury Hill Road residents, filed an administrative appeal from the commission’s decision contesting only the extension of Eastbury Hill Road to Thompson Street. The commission, as well as Hilltop Woods, Inc., and its principal, Lloyd Moody, were joined as appellees in that appeal. The appellants alleged, inter alia, that the proposed extension violated town ordinances, would have an adverse effect on traffic, noise and the safety of East-bury Hill Road, and would unreasonably impair the public trust in natural resources. The appeal was withdrawn on December 21, 1984, and on the same day, Hilltop Woods, Inc., and its principal withdrew an action they had filed against the residents. At no time during these proceedings did the residents of Eastbury Hill Road seek any temporary relief by way of a stay or a temporary injunction. Construction of the extension began on February 26, 1985.

The complaint which forms the basis of this appeal was filed in April, 1985.1 The plaintiffs generally alleged that the extension “would result in an illegal and haz[112]*112ardous road condition and create a dangerous nuisance to persons residing along Eastbury Hill Road.” Specifically, they alleged that the road as extended would violate minimum road width requirements and would [113]*113fail to preserve the integrity of the area. They further alleged that the original portion of the road is inadequately designed and constructed to meet the requirements for safely handling the increased volume and [114]*114speed of traffic that would result from the extension. Based on these allegations, the plaintiffs requested a declaratory judgment and injunctive relief.

Upon motion of the defendant, the trial court dismissed the action on jurisdictional grounds. The court based its decision on the rule that “when a party has a statutory right of appeal from the decision of an administrative agency, he may not, instead of appealing, bring an independent action to test the very issue which the appeal was designed to test.” Carpenter v. Planning & Zoning Commission, 176 Conn. 581, 598, 409 A.2d 1029 (1979); see also Davis v. Yudkin, 3 Conn. App. 576, 578, 495 A.2d 714 (1985). Because the plaintiffs abandoned their appeal from the decision of the commission, the court held that it lacked subject matter jurisdiction over the action.

Before addressing the issue of whether the motion to dismiss was properly granted, we must first consider whether this appeal is moot. On August 30, 1985, the extension of Eastbury Hill Road was completed and opened to traffic. At the time this appeal was argued, the parties were uncertain whether the extension had been officially accepted by the town of Glastonbury. The defendant pointed out, however, that such an acceptance does not involve the exercise of discretion on the part of town officials but is instead, a ministerial act. The extension having been completed, the defendant asked this court, prior to our hearing the appeal, to dismiss the appeal on mootness grounds. We denied the motion without prejudice to the defendant so that the mootness claim could be renewed at the argument on the merits.

It is beyond dispute that “the existence of an actual controversy is an essential requisite to appellate jurisdiction; it is not the province of appellate courts to decide moot questions, disconnected from the grant[115]*115ing of actual relief or from the determination of which no practical relief can follow.” Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22 (1944); see also Shays v. Local Grievance Committee, 197 Conn. 566, 571, 499 A.2d 1158 (1985). “ ‘In the absence of an actual and existing controversy for us to adjudicate in any sense of the term, the courts of this state may not be used as a vehicle to obtain judicial opinions upon points of law . . . and where the question presented is purely academic, we must refuse to entertain the appeal. . . . ’ Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979).” Shays v. Local Grievance Committee, supra, 571-72.

The defendant contends that we can no longer grant any of the relief sought by the plaintiffs and that their appeal is therefore moot. We do not agree. In the second request for relief, the plaintiffs seek an injunction prohibiting the town of Glastonbury and/or the commission “from requiring and/or permitting that East-bury Hill Road be connected to Thompson Street” until the road is upgraded to meet adequate safety standards and is in conformance with town zoning regulations. The third prayer for relief contains language similar to that quoted from the second request. The defendant asserts that an injunction prohibiting the construction of the extension can no longer be granted because the extension is completed. This argument, however, overlooks the language of the second and third prayers for relief. The plaintiffs do not seek an injunction against the “construction” of the extension, but instead wish to prevent Eastbury Hill Road from being “connected” with Thompson Street. Although the extension has been completed, we see no reason, assuming, arguendo, that the plaintiffs are successful on the merits of their appeal, why a court could not grant the relief requested by ordering that temporary barricades be [116]*116erected at the ends of the extension. These barricades would effectively prevent the connection of Eastbury Hill Road to Thompson Street until the alleged illegalities and safety problems are eliminated. Having determined that a court could still afford the plaintiffs relief under their second and third prayers for relief, we need not consider whether the requests for- relief made in the first and fourth prayers are also efficacious.

We turn to the main issue raised in this appeal, namely, whether the trial court properly dismissed the plaintiffs’ action. Under the rule set forth in Carpenter v.

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Bluebook (online)
523 A.2d 1258, 203 Conn. 109, 1987 Conn. LEXIS 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butzgy-v-town-of-glastonbury-conn-1987.