Deguzis v. Jandreau

606 A.2d 52, 27 Conn. App. 421, 1992 Conn. App. LEXIS 172
CourtConnecticut Appellate Court
DecidedApril 21, 1992
Docket10240
StatusPublished
Cited by8 cases

This text of 606 A.2d 52 (Deguzis v. Jandreau) 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
Deguzis v. Jandreau, 606 A.2d 52, 27 Conn. App. 421, 1992 Conn. App. LEXIS 172 (Colo. Ct. App. 1992).

Opinion

Freedman, J.

The plaintiff John Bukowski in this action in quo warranto1 appeals from the trial court’s judgment in favor of the defendant. Bukowski claims [422]*422that the trial court (1) improperly found that the defendant met his burden of proving that he holds the position of captain in the Bristol fire department by right, and (2) improperly permitted one of the defendant’s witnesses to testify as an expert witness. We affirm the judgment of the trial court.

The plaintiffs commenced this action against the defendant by filing a “Complaint in the Nature of Quo Warranto” dated February 26, 1991. The complaint requested that the defendant appear in court and show by what warrant he claims to hold the office, and exercise the rights, powers and privileges of the office of captain in the Bristol fire department. The plaintiffs claimed that the defendant illegally held that office because question number thirty-seven on the department’s examination for promotion to captain was not “based on Fire Department material taken from current reference sources,” as required by § 42 (d) of the Bristol town charter.2

The pertinent facts are not disputed. The plaintiffs and the defendant all were lieutenants in the Bristol fire department. On January 29, 1991, all three took a written examination to qualify for promotion to the position of captain. The defendant’s final adjusted score on the written examination was 85.26, and his overall final score for purposes of the eligibility ranking list was 85.94. The plaintiffs, Stephen Deguzis and John Bukowski, received final overall scores of 85.53 and 84.91, respectively. After all other portions of the pro[423]*423motion procedure were completed, the Bristol fire commission, on February 25, 1991, promoted the defendant to the position of captain, subject to his successful completion of a physical examination. The defendant successfully completed that examination on March 25, 1991.

Prior to the written examination, the director of personnel for the city of Bristol, James Byer, provided each test applicant with a list of reference sources from which the examination questions would be derived. Among the sources included in the list of reference sources was a publication entitled Fire Department Company Officer (2d Ed.) (Company Officer). On the examination, the defendant chose answer d to question thirty-seven and the plaintiffs each chose answer a.3 The parties agree that answers b and c are incorrect and not derived from any of the reference sources provided. The answer key indicated that answer d is correct, and thus the defendant received credit for the correct answer, but the plaintiffs did not receive credit for their answers.4

The trial court rendered judgment in favor of the defendant, having concluded that the defendant had met his burden of proving that answer d is the correct answer to question thirty-seven according to fire department material used in preparing the written [424]*424exam,5 and that the defendant therefore holds the position of captain of the fire department of the city of Bristol by right.

“In a quo warranto proceeding brought pursuant to General Statutes § 52-491, the Superior Court is to proceed to ‘render judgment according to the course of the common law.’ ... A quo warranto proceeding under the common law lies only to test the defendant’s right to hold office de jure. . . .” (Citations omitted.) Cheshire v. McKenney, 182 Conn. 253, 256, 438 A.2d 88 (1980). “In a quo warranto proceeding, the burden is upon the defendant to show a complete title to the office in dispute.” State ex rel. Gaski v. Basile, 174 Conn. 36, 38, 381 A.2d 547 (1977).

A quo warranto action is a civil proceeding. 65 Am. Jur. 2d, Quo Warranto § 6. Thus, because the burden of proof in quo warranto actions is on the defendant, the trial court must find that the defendant met this burden by a preponderance of the evidence in order to find for the defendant.6

[425]*425Here, Bukowski challenges the trial court’s factual finding that answer d is the correct answer to question thirty-seven, according to the reference material provided pursuant to § 42 (d) of the charter. He also contends that one of the defendant’s witnesses did not use the reference material provided to form the basis of his opinion that d is the correct answer. “When the factual basis of the trial court’s decision is challenged on appeal, the role of this court is to determine whether the facts set out in the memorandum of decision are supported by the evidence or whether, in light of the evidence and the pleadings in the whole record, those facts are clearly erroneous. Pandolphe’s Auto Parts, Inc. v. Manchester, 181 Conn. 217, 221-22, 435 A.2d 24 (1980).” Cupina v. Bernklau, 17 Conn. App. 159, 161, 551 A.2d 37 (1988). “ ‘[T]he trier is the final judge of the credibility of witnesses and of the weight to be accorded their testimony.” Id., 162. “On appeal, the function of this court is limited solely to the determination of whether the decision of the trial court is clearly erroneous. . . . This court cannot find fact or draw conclusions from primary facts found, but can only review such findings to determine whether they could have legally, logically and reasonably been found by the trier. . . .” (Citations omitted.) Robertson v. Nationwide Mutual Ins. Co., 20 Conn. App. 635, 637, 569 A.2d 565 (1990).

We have reviewed the record in this case and conclude that the trial court’s finding that answer d is the correct answer to question thirty-seven according to the reference material provided is sufficiently supported by the substantial evidence presented by the parties.

The trial court received the testimony of, among others, Craig Zendzian, who designed and constructed the exam taken by the parties. The court received the testimony of Bruce Davey, a consultant who develops [426]*426and validates tests, primarily for employment in the public sector. It also received the testimony of Byer. One of Byer’s duties in his capacity as director of personnel is to handle promotional testing for employment positions offered by the city of Bristol. In its memorandum of decision, the trial court indicated that its conclusion was reached after it had “studied the question and the possible answers, the applicable provisions of the Bristol City Charter, and the fire department material used in preparing the written exam ....

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Cite This Page — Counsel Stack

Bluebook (online)
606 A.2d 52, 27 Conn. App. 421, 1992 Conn. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deguzis-v-jandreau-connappct-1992.