Finley v. INLAND WETLANDS COM'N OF TOWN OF ORANGE

959 A.2d 569, 289 Conn. 12, 2008 Conn. LEXIS 384
CourtSupreme Court of Connecticut
DecidedOctober 14, 2008
DocketSC 18131
StatusPublished
Cited by20 cases

This text of 959 A.2d 569 (Finley v. INLAND WETLANDS COM'N OF TOWN OF ORANGE) 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
Finley v. INLAND WETLANDS COM'N OF TOWN OF ORANGE, 959 A.2d 569, 289 Conn. 12, 2008 Conn. LEXIS 384 (Colo. 2008).

Opinions

Opinion

SULLIVAN, J.

The plaintiffs, George L. Finley, Barbara K. Schmidt and Vincent P. Schmidt, appeal1 from the judgment of the trial court denying their appeal pursuant to General Statutes § 22a-432 from the decision of the named defendant, the inland wetlands commission of the town of Orange (commission), granting the application of the defendant Stew Leonard’s Orange, LLC (Stew Leonard’s),3 for a permit to conduct regu[15]*15lated activities pursuant to the Inland Wetlands and Watercourses Act, General Statutes § 22a-36 et seq. The plaintiffs claim that the trial court improperly determined that the commission’s decision was supported by substantial evidence. We agree with the plaintiffs and, therefore, we reverse the judgment of the trial court.

The record reveals the following undisputed facts. In 2004, Stew Leonard’s submitted an application to the commission for a permit to conduct certain regulated activities on property located at 161 Marsh Hill Road in Orange. Specifically, Stew Leonard’s sought approval of its plans to construct on the property a dairy store, an outdoor garden center, a restaurant, a conference center and related parking facilities, utilities and landscaping. The property consists of 41.15 acres, 18.6 acres of which will be covered by the proposed development, and 13.43 acres of which are regulated wetlands and buffer area. The plaintiffs intervened in the proceedings pursuant to General Statutes § 22a-19 (a),4 alleging that the development of the property was reasonably likely to cause unreasonable pollution to the natural [16]*16resources of the state, including its wetlands and watercourses. The commission granted Stew Leonard’s application for a regulated activities permit subject to certain conditions.

Thereafter, the plaintiffs appealed from the commission’s decision to the trial court pursuant to § 22a-43, claiming, inter alia, that the decision was not supported by substantial evidence. In a ruling from the bench, the trial court concluded that the decision was supported by substantial evidence. The court also noted, however, that five of the conditions imposed by the commission required Stew Leonard’s to submit additional plans and information concerning certain portions of the proposed development.5 The court ordered the defendants to provide the materials to the plaintiffs on remand. The court also indicated that the plaintiffs should be given an opportunity to respond to the materials, but that it would not order the commission to conduct a public hearing for that purpose. The trial court then rendered judgment denying the plaintiffs’ appeal and sustaining the commission’s decision.

Thereafter, the plaintiffs filed this appeal in the Appellate Court. Stew Leonard’s filed a motion to dismiss the appeal on the ground that the plaintiffs lacked standing under §§ 22a-43 and 22a-19 to appeal from the commission’s decision because they had not alleged unreasonable impairment of the environment. The Appellate Court denied the motion to dismiss without prejudice and ordered the parties to address the standing issue [17]*17in their appellate briefs.6 Thereafter, we transferred the appeal to this court. See footnote 1 of this opinion.

The plaintiffs claim on appeal that the trial court improperly determined that the commission’s decision granting the permit was supported by substantial evidence. The defendants claim, as alternate grounds for affirmance, that: (1) the trial court lacked subject matter jurisdiction because § 22a-19 does not provide a right to appeal from an agency’s decision, but only to intervene in an appeal brought by a party who is classically or statutorily aggrieved by the agency’s decision; and (2) even if a party who inteivenes pursuant to § 22a-19 has aright to bring an appeal, the plaintiffs lack standing to appeal because they have not alleged that the proposed development will cause unreasonable impairment of the environment. The defendants also claim that the trial court improperly ordered additional post-judgment proceedings relating to the conditions of approval when it found that Stew Leonard’s activities were not likely to result in unreasonable impairment of the environment.7 Although the issue was not raised [18]*18by the parties, because the question implicates this court’s subject matter jurisdiction; see Palmer v. Friendly Ice Cream Corp., 285 Conn. 462, 466, 940 A.2d 742 (2008); we must also consider whether, in light of the trial court’s order remanding the matter to the commission for further proceedings, the court’s decision constituted an appealable final judgment. We conclude that: (1) the trial court’s decision denying the appeal is an appealable final judgment and the trial court improperly issued orders for postjudgment proceedings; (2) the plaintiffs, as intervenors pursuant to § 22a-19, were entitled to appeal from the commission’s decision pursuant to § 22a-43; (3) the plaintiffs had standing to appeal from the commission’s decision; and (4) the commission’s decision was not supported by substantial evidence.

I

We first address the question of whether the trial court’s decision denying the plaintiffs’ appeal and ordering the defendants to provide the plaintiffs with documentary materials relating to certain conditions imposed by the commission is an appealable final judgment. Because this issue is closely intertwined with the defendants’ claim that the trial court improperly issued orders for postjudgment proceedings, we consider both issues together. We conclude that the trial court’s decision denying the plaintiffs’ appeal was a final judgment and that the trial court improperly issued orders for postjudgment proceedings.

The following additional procedural history is relevant to our resolution of this issue. As we have indi[19]*19cated, in its oral ruling on the plaintiffs’ appeal, the trial court concluded that there was “substantial evidence to support everything that the [commission] has allowed” in its decision granting Stew Leonard’s permit application. The court also ordered Stew Leonard’s, however, to provide additional information to the plaintiffs in connection with five of the conditions that the commission had imposed on the approval. In addition, the court ordered the defendants to allow the plaintiffs to respond to the new information. The court recognized that these orders “presented] the potential for coming back to court,” and stated, “I don’t know whether it would be a new matter for a new court or a continuation. My guess is it’s a continuation of this matter for this court.” The court then stated that it did not intend to create “a new second shot on the entire panoply of information. This is a response to [the information that] the commission said it thought it needed to see and review, which [the] plaintiffs weren’t going to be able to see and review.” At the end of the hearing, the trial court noted that it was not sure that the plaintiffs would require a transcript of the court’s ruling “because it seems [that] ... an appeal wouldn’t well lie at this point because an Appellate Court might say to [the plaintiffs] . . . your salvation may still . . . [lie] ahead of you.

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Finley v. INLAND WETLANDS COM'N OF TOWN OF ORANGE
959 A.2d 569 (Supreme Court of Connecticut, 2008)
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Cite This Page — Counsel Stack

Bluebook (online)
959 A.2d 569, 289 Conn. 12, 2008 Conn. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finley-v-inland-wetlands-comn-of-town-of-orange-conn-2008.