Eighth Utilities District v. Town of Manchester

404 A.2d 898, 176 Conn. 43, 1978 Conn. LEXIS 1024
CourtSupreme Court of Connecticut
DecidedAugust 29, 1978
StatusPublished
Cited by13 cases

This text of 404 A.2d 898 (Eighth Utilities District v. Town of Manchester) 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
Eighth Utilities District v. Town of Manchester, 404 A.2d 898, 176 Conn. 43, 1978 Conn. LEXIS 1024 (Colo. 1978).

Opinions

Loiselle, J.

Although the defendant town sought to add sixty-one paragraphs of its draft finding to the court’s finding, it has waived all but seven. These seven paragraphs are added to the finding as they are admitted or undisputed. The claim that two paragraphs of the finding were found without evidence is well taken and they are stricken. The remaining claim that a paragraph of the finding should be stricken because it is of doubtful meaning is denied as the paragraph is supported by evidence presented in the appendices.

An overview of the pertinent legislation relating to the fire protection services in the town of Manchester will facilitate a determination of the issues [45]*45in this case. In 1915, by a special act of the General Assembly; 17 Special Acts 316, No. 299; the Eighth District was incorporated within the town of Manchester to establish and maintain, inter alia, a fire department within certain authorized limits. Another special act of the legislature; 23 Special Acts 168, No. 230; enacted in 1939, extended the area in which the District was authorized to furnish fire protection “upon application of a majority of the property owners in any particular locality in said additional territory.” The Buckland Area lies within the extended authorized area designated by this act.

In 1947, again by special act; 25 Special Acts 217, No. 193; the charter of the town of Manchester was adopted. The charter provided that the fire districts existing in the town as of the date of the charter’s adoption “shall continue in all respects as now provided by law.” Manchester Charter § 10-8. The charter further allowed (v 10-9) the town’s general manager to make rules and regulations pertaining to fire protection in all those portions of the town not included within the limits of any fire districts and to enter into agreements with any fire district for aid in extinguishing fires within the town. Section 10-10 of the charter empowered the town to establish by ordinance a town fire department “provided the provisions of any such ordinance concerning the territory, jurisdiction or property . . . [of the districts] shall not become effective until such District, in a meeting duly called for that purpose, shall have voted to accept its provisions.” This provision was acted upon in 1956 when such an ordinance was adopted, and the resulting town fire department has been in operation since 1957. The Eighth District has [46]*46never voted to accept any town ordinance affecting its authorized territory. Until November 17, 1975, the town took responsibility for fire protection to the Bucldand Area, hiring, pursuant to contract, the Eighth District to actually furnish such protection pursuant to § 10-9 of the charter.

In 1963 the General Assembly amended the act which originally incorporated the Eighth District within the town, by enacting Special Act No. 200; 31 Special Acts 184, No. 200. That act extended the area in which the District was authorized to offer fire protection. Section 6 of the act specifically provided that “[t]he present district boundary lines may be extended, within the territory authorized to be serviced by this act, upon the application of a majority of owners of real property in the additional area to be served, and such district boundary lines may be extended by vote of the legislative body of the district when . . . fire protection shall be furnished to such additional territory.” Section 4 of the act provided that “[t]he town of Manchester may continue to furnish . . . fire protection in those areas north of Middle Turnpike West and north of Middle Turnpike East where the town of Manchester is now furnishing such . . . services.” The Bucldand Area is within that territory. It should be noted that this act was passed subsequent to the time the town established its fire department and assumed responsibility for fire protection in the Bucldand Area.

In April of 1974, having been requested to study the town’s fire protection needs, the chief of the Manchester fire department recommended that the town take over the fire protection needs of the Buckland Area, thereby concluding the town’s con[47]*47traetual relationship with the Eighth District. In April of 1975, the town notified the District that it planned to terminate the contract by which the District actually served the Buckland Area. During this time, the town made plans to construct a firehouse in the disputed territory. At public hearings held to discuss a possible site, several townspeople in the Buckland Area spoke in opposition to the proposed firehouse.

On or about September 25, 1975, a majority of the owners of real property in the Buckland Area filed applications with the District to be included in its service area. On November 17, 1975, the District voters acted favorably upon the applications, voting by a majority to extend their boundary lines to furnish fire protection to the Buckland Area.1

Realizing that certain jurisdictional difficulties were involved in their plan to take over the actual fire protection for Buckland, the town board of directors delayed construction of the firehouse pending legal advice. At a special meeting held September 29, 1975, counsel retained to study the problem stated that in his opinion the town had a clear legal authority to proceed with construction of the Buckland firehouse. Thereafter, the town board of directors voted to authorize the town’s general manager to enter into a contract for the construction of the firehouse. At the time this vote was taken, the directors were aware that an application had been submitted by the Buckland Area real property owners seeking to have the Eighth District extend its fire protection boundaries to [48]*48include their area. By letter dated January 2,1976, the Eighth District notified the town that as a result of its vote, taken on November 17, 1975, to approve the application of the Buekland property owners, the District lines were expanded to include the Buekland Area and the Buekland Area would receive fire protection directly from the District.

Construing the relevant legislation, the court concluded that, since 1939, the Buekland Area property owners had the right to apply to the District for fire protection and, since 1963, the District had been empowered to accept, by vote, any such application. Consequently, a declaratory judgment was entered to the effect that “since a majority of the owners of real property in the ‘Buekland Area’ have so applied and since the legislative body of the Eighth Utilities District has so voted, the said District has the right to extend its District boundary lines and furnish fire protection to the so-called ‘Buekland Area’ within its authorized territory.” Trial court’s memorandum of decision (September 29, 1976).

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Eighth Utilities District v. Town of Manchester
404 A.2d 898 (Supreme Court of Connecticut, 1978)

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Bluebook (online)
404 A.2d 898, 176 Conn. 43, 1978 Conn. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eighth-utilities-district-v-town-of-manchester-conn-1978.