Evans v. Plan & Zoning Commission

808 A.2d 1151, 73 Conn. App. 647, 2002 Conn. App. LEXIS 580
CourtConnecticut Appellate Court
DecidedNovember 19, 2002
DocketAC 22203
StatusPublished
Cited by6 cases

This text of 808 A.2d 1151 (Evans v. Plan & 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
Evans v. Plan & Zoning Commission, 808 A.2d 1151, 73 Conn. App. 647, 2002 Conn. App. LEXIS 580 (Colo. Ct. App. 2002).

Opinion

Opinion

LAVERY, C. J.

The plaintiffs, Dana Evans and David Evans, appeal from the judgment of the trial court dismissing their appeal from the decision of the defendant plan and zoning commission of the town of Glastonbury (commission). The commission had approved the applications of the defendant Testa Development Associates, [649]*649LLC (Testa), for subdivision approval and a rear lot special permit.1 On appeal, the plaintiffs claim, as they did before the trial court, that the defendants failed to comply with applicable regulations and General Statutes § 22a-19. We conclude that the court properly dismissed the plaintiffs’ appeal, and, accordingly, affirm the judgment of the trial court.

The following facts and procedural history are relevant to our resolution of the plaintiffs’ appeal. On or about May 1, 2000, Testa filed applications for subdivision-resubdivision approval and a rear lot special permit. The applications were signed by Testa as the “applicant” and by the defendants David M. Russell and Alvah A. Russell, Jr., as the “owners” of the property. On June 6,2000, the plaintiffs filed petitions to intervene pursuant to § 22a-19 (a). On July 18, 2000, the commission approved Testa’s subdivision and special permit applications. The plaintiffs appealed to the trial court, claiming that (1) the commission improperly failed to require the defendants to comply with § 5.6 (c) of the Glastonbury subdivision and resubdivision regulations,2 (2) the commission improperly failed to require the defendants to comply with § 6.8.3 of the Glastonbury building zone regulations,3 and (3) the proposed subdi[650]*650vision causes an unreasonable impairment to wildlife, and the commission failed to consider any alternatives to the proposal as required by § 22a-19.* **4 Thted those claie court rejecms and dismissed the plaintiffs’ appeal, finding that the regulations did not apply to Testa because it was the applicant and not the owner of the subject property. The court further found that substantial evidence existed that the proposed plan would not cause unreasonable impairment in natural resources of the state. We granted the plaintiffs’ petition for certification to appeal and now conclude that the court properly dismissed the plaintiffs’ appeal.

I

The plaintiff Dana Evans5 6first argues that the commission improperly approved Testa’s application [651]*651because Testa had not submitted information required by § 5.6 (c) of the Glastonbury subdivision and resubdivision regulations. Testa counters that the requirements of § 5.6 (c) are not applicable to the application at issue.

Before reaching the merits of the plaintiff Dana Evans’ claim, we note that she did not raise that issue before the commission. The court, citing Dragan v. Connecticut Medical Examining Board, 223 Conn. 618, 632, 613 A.2d 739 (1992), held that her failure to raise her claim before the commission barred it from reviewing the claim on appeal. The plaintiff Dana Evans challenges that decision.

“A party to an administrative proceeding cannot be allowed to participate fully at hearings and then, on appeal, raise claims that were not asserted before the [commission].” Id.; see Dram Associates v. Planning & Zoning Commission, 21 Conn. App. 538, 544, 574 A.2d 1317, cert. denied, 215 Conn. 817, 576 A.2d 544 (1990). A thorough review of the record in the present case reveals that the plaintiff Dana Evans failed to challenge § 5.6 of the Glastonbury subdivision and resubdivision regulations before the commission. The court properly held, therefore, that she could not raise that claim on appeal. The court, however, then addressed the merits of that claim. Therefore, we will review it on the merits.

Before commencing our review of the plaintiff Dana Evans’ claim, we set forth the general principles that govern our review of the regulations at issue. When interpreting an ordinance, we recognize that “[a] local ordinance is a municipal legislative enactment and the same canons of construction which we use in interpreting statutes are applicable to ordinances. ... A court must interpret a statute as written . . . and it is to be [652]*652considered as a whole, with a view toward reconciling its separate parts in order to render a reasonable overall interpretation. ... A zoning ordinance is a local legislative enactment, and in its interpretation the question is the intention of the legislative body as found from the words employed in the ordinance. . . . The words [employed] are to be interpreted according to their usual and natural meaning and the regulations should not be extended, by implication, beyond their expressed terms. . . . The language of the ordinance is construed so that no clause or provision is considered superfluous, void or insignificant. . . . Common sense must be used in construing the regulation, and we assume that a rational and reasonable result was intended by the local legislative body.” (Citations omitted; internal quotation marks omitted.) Doyen v. Zoning Board of Appeals, 67 Conn. App. 597, 604-605, 789 A.2d 478, cert. denied, 260 Conn. 901, 793 A.2d 1088 (2002).

With the foregoing principles in mind, we consider the plaintiff Dana Evans’ claim regarding § 5.6 (c), which provides in its entirety: “Where development covers only a portion of the land owned by the Applicant, the Applicant shall submit a non-binding Plan . . . indicating potential development of the entire tract in relation to the tract involved in the current application. Any portion not included in the subdivision shall be labeled ‘other land of “owner” not approved for building purposes.’ ”

The issue is essentially whether Testa, the applicant, was required to submit the nonbinding plan required by § 5.6 (c). It is undisputed that at the time that Testa filed the subdivision application and rear lot special permit application, it did not own the property at issue or any adjacent property. Rather, it had an option to purchase the property from the owners, the defendants Lucy May Russell, David Russell and Alvah Russell, Jr.6

[653]*653The plaintiff Dana Evans argues that the terms “applicant” and “owner” are interchangeable and, therefore, the commission should have required Testa to submit a nonbinding plan for the future use of the “other lands” owned by the Russells that were adjacent to the subject land. She contends that Testa’s failure to submit the necessary information as required by the regulation was fatal, and, further, that the commission had no discretion to waive the requirement and to approve the application. In contrast, Testa maintains that there is a distinction between the terms “applicant” and “owner” of the subject land and that by its express terms, § 5.6 (c) applies only to “other lands” belonging to the “applicant.” Because it did not own or have any interest in land adjacent to the subject property, Testa asserts, it was not subject to the regulation. We agree with Testa.

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

Related

Albini v. Connecticut Medical Examining Board
72 A.3d 1208 (Connecticut Appellate Court, 2013)
200 Associates, LLC v. Planning & Zoning Commission
851 A.2d 1175 (Connecticut Appellate Court, 2004)
Collins Group, Inc. v. Zoning Board of Appeals of New Haven
827 A.2d 764 (Connecticut Appellate Court, 2003)
Jordan Properties v. Old Saybrook Zc, No. Cv 01 0508891s (Mar. 6, 2003)
2003 Conn. Super. Ct. 3152 (Connecticut Superior Court, 2003)
Animal Rights Front v. Glastonbury Pzc, No. Cv 01-0806758 (Nov. 15, 2002)
2002 Conn. Super. Ct. 14776 (Connecticut Superior Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
808 A.2d 1151, 73 Conn. App. 647, 2002 Conn. App. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-plan-zoning-commission-connappct-2002.