Grace Community Church v. Town of Bethel

622 A.2d 591, 30 Conn. App. 765, 1993 Conn. App. LEXIS 161
Connecticut Appellate Court·Decided March 30, 1993·No. 11312·Published·Cited by 21 cases

Opinion

Schaller, J.

The plaintiff appeals from the judgment of the trial court rejecting its claim that certain of the Bethel zoning regulations are unconstitutional. The plaintiff claims that the regulations abridged its rights under the first and fourteenth amendments to the United States constitution, and, therefore, the trial court improperly denied (1) injunctive and declaratory relief, and (2) damages pursuant to 42 U.S.C. § 1983. We affirm the judgment of the trial court.

The following facts are not in dispute. The plaintiff, Grace Community Church, was founded in 1982. Initially, the members of the church congregated at various locations, not having a permanent facility of their own. They searched for a suitable location to build a church, primarily in the greater Danbury area. In 1985, the plaintiff entered into negotiations to purchase real property at the intersection of Weed and Walnut Hill Roads in the town of Bethel. This property was located in an R-40 residential zone. Pursuant to the regulations, the property was zoned to permit single family residences. Bethel Zoning Regs. § 118-24 A. 1 Other uses, [767] including churches, clubs and community centers were allowed only by special permit. Bethel Zoning Regs. § 118-24 B.* 2

The plaintiff acquired an option to purchase the property and initiated proceedings to obtain a special permit from the zoning and planning commission. The commission granted the plaintiff a special permit, finding that the proposed use complied with the regulations. Abutting property owners, however, appealed the commission’s decision to the Superior Court. During this appeal period, the plaintiff purchased the property pursuant to its option. Subsequently, the court sustained the administrative appeal on the ground that the commission improperly considered evidence offered after the close of the public hearing.

On July 10, 1990, the plaintiff submitted a second application to the commission for a special permit. The commission conducted a public hearing at which neighbors voiced their opposition to the application. The commission thereafter voted to deny the application, citing [768] the potential for conditions adversely affecting the flow of traffic. See Bethel Zoning Regs. § 118-21 H. The plaintiff appealed the commission’s decision to the Superior Court.

The plaintiff also filed a separate action in the Superior Court challenging the constitutionality of the regulations. In this action, the plaintiff sought injunctive and declaratory relief as well as damages pursuant to 42 U.S.C. § 1983. The trial court consolidated these two actions and considered extensive evidence on the matter. On March 17, 1992, the trial court sustained the plaintiff’s administrative appeal and ordered the commission to issue the special permit. On April 14,1992, the commission granted the plaintiff a special permit to build a church on the property at issue.

In a second memorandum of decision, dated July 16, 1992, the trial court found that its disposition of the administrative appeal rendered “academic” further consideration of the plaintiffs claims for injunctive and declaratory relief. The court did, however, consider the plaintiff’s claim for damages.3 On this claim, the court concluded that “[sjince the plaintiff has not proven a violation of any federal4 constitutional right or statute, there is no basis for a § 1983 action.” The court thus [769] denied the plaintiff the relief requested in connection with its challenge to the constitutionality of the regulations. This appeal followed.

I

The plaintiff asserts that the trial court improperly rejected its claim for injunctive and declaratory relief. It posits that the special permit provision of the regulations is unconstitutional and threatens to impede any future plans that it might have regarding the expansion of its facility. Because the plaintiffs claim for declaratory relief is based on hypothetical facts, we are without jurisdiction to decide this issue.

“It is a well-settled general rule 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 granting of actual relief or from the determination of which no practical relief can follow.” (Internal quotation marks omitted.) Perry v. Perry, 222 Conn. 799, 803, 611 A.2d 400 (1992); Schallenkamp v. DelPonte, 29 Conn. App. 576, 579, 616 A.2d 1159 (1992). Courts are without jurisdiction to review moot issues, unless the issue presented is “ ‘capable of repetition, yet evading review.’ ” Shays v. Local Grievance Committee, 197 Conn. 566, 573, 499 A.2d 1158 (1985).

“[WJhere the challenged action is in its duration too short to be fully litigated prior to its cessation or expiration, it may be capable of repetition, yet evading review. ... In deciding whether to invoke this mitigating principle, we have considered not only the practical difficulties of timely judicial review but also (1) the public importance of the question presented; (2) the potential effect of the ruling on an ongoing program of the state’s penal or civil system; and (3) the possibility of a similar effect on the plaintiff himself [770] in the future. . . .” (Citations omitted; internal quotation marks omitted.) Perry v. Perry, supra.

In this case, the plaintiff’s claim for injunctive and declaratory relief clearly is moot. The commission having issued the plaintiff a special permit, the plaintiff is free to build a church on its property in accordance with the approved plans. The plaintiff, therefore, has no present need for relief that would limit the applicability of the allegedly unconstitutional regulations. The regulations no longer stand as an obstacle to the plaintiff’s existing plans to build a church. In light of the mootness doctrine, therefore, we have no jurisdiction to consider the plaintiff’s claim for injunctive and declaratory relief.

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Grace Community Church v. Town of Bethel, 622 A.2d 591, 30 Conn. App. 765, 1993 Conn. App. LEXIS 161 (Colo. Ct. App. 1993).

622 A.2d 591 (Grace Community Church v. Town of Bethel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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