Grimes v. Conservation Commission

712 A.2d 984, 49 Conn. App. 95, 1998 Conn. App. LEXIS 251
CourtConnecticut Appellate Court
DecidedJune 16, 1998
DocketAC 14698
StatusPublished
Cited by6 cases

This text of 712 A.2d 984 (Grimes v. Conservation 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
Grimes v. Conservation Commission, 712 A.2d 984, 49 Conn. App. 95, 1998 Conn. App. LEXIS 251 (Colo. Ct. App. 1998).

Opinion

Opinion

LANDAU, J.

This matter is currently before us on remand from our Supreme Court. Grimes v. Conservation Commission, 243 Conn. 266, 703 A.2d 101 (1997). The plaintiff, Karen Grimes, appealed to this court from a judgment of the trial court dismissing her appeal from the decision of the conservation commission of the town of Litchfield1 acting pursuant to the Inland Wetlands and Watercourses Act. General Statutes § 22a-36 et seq. A divided panel of this court reversed the judgment of the trial court, concluding that the plaintiff was given insufficient notice of a site visit that was performed by the commission on the applicant’s property. Grimes v. Conservation Commission, 43 Conn. App. 227, 682 A.2d 589 (1996). Our Supreme Court granted the commission’s petition for certification, limited to the following issue: “[D]id the Appellate Court properly conclude that the plaintiff was deprived of due process of law by the conduct of the conservation commission regarding its September 14,1993 site visit?” Grimes v. Conservation Commission, 239 Conn. 944, 686 A.2d 121 (1996). Our Supreme Court reversed the [97]*97judgment of the Appellate Court, concluding that the notice provided to the plaintiff was sufficient, and remanded the case for our consideration of the plaintiffs remaining claims. The plaintiff claims that the trial court improperly (1) found that a commission member who failed to attend the site visit was eligible to vote, (2) found that the public notice for the site visit was adequate to confer subject matter jurisdiction on the commission and (3) failed to require the commission to consider the entire property owned by the applicant when deciding whether a feasible and prudent alternative to his plan existed.

Our prior opinion summarizes the relevant facts. “The applicant is the owner of a 14.9 acre unimproved parcel of real property located on Hutchinson Parkway in the town of Litchfield. The plaintiff is an abutting property owner. On July 16,1993, the applicant submitted several applications to the commission to obtain permits to conduct regulated activities on the subject property associated with the development of a proposed four-lot single family residential subdivision.2 Public hearings concerning the applications began September 1, 1993. On September 14,1993, after a public notice was posted in the town clerk’s office, five members of the commission, together with Dennis McMorrow, the applicant’s engineer, conducted a site visit to the subject property.3 [98]*98Following the site visit, additional public hearings were held oh September 29, 1993, October 27, 1993, and November 17,1993. On December 22,1993, the commission voted to approve the applicant’s proposal with certain modifications. Thereafter, the plaintiff appealed the commission’s decision to the Superior Court claiming, inter alia, that the commission ‘acted arbitrarily, illegally and in abuse of its discretion.’ Upon finding that the commission’s decision was supported by substantial evidence in the record, the trial court dismissed the plaintiffs appeal.” Grimes v. Conservation Commission, supra, 43 Conn. App. 229-30. This appeal followed.

I

The plaintiff first argues that the trial court improperly found that a commission member who failed to attend the site visit was eligible to vote. The plaintiff argues that the commission member’s disqualification would have caused the number of voting members to fall below the number required to constitute a quorum, thereby rendering the vote void. We disagree.

Additional facts are necessary to a resolution of this issue. Fred J. Minck, a member of the commission, voted to approve the application in the present case. Minck did not attend the site visit that occurred on September 14, 1993. Minck did, however, review the minutes of the site visit. Minck testified that he had attended a site visit to the same property in connection with a prior application by the applicant in the present case.

On appeal, our Supreme Court discussed site visits. “Although site visits are not required by the act, we have recognized that they may be necessary for commissioners thoroughly to evaluate property that is the subject of an application. Manor Development Corp. v. [99]*99Conservation Commission, 180 Conn. 692, 701, 433 A.2d 999 (1980) (responsibilities conferred on commission by act necessitate site inspection); see also Samperi v. Inland Wetlands Agency, [226 Conn. 579, 582, 628 A.2d 1286 (1993)]. Commissioners are permitted to base their decisions in part on facts within their ‘peculiar knowledge,’ including information gleaned from a site inspection, as long as those facts are disclosed to the parties. Manor Development Corp. v. Conservation Commission, supra, 701-702; see also Huck v. Inland Wetlands & Watercourses Agency, [203 Conn. 525, 547, 525 A.2d 940 (1987)] (‘[knowledge obtained through personal observations of the locus may properly be considered by the agency’). A site visit is therefore an appropriate investigative tool.

“As the Appellate Court stated, and we agree, ‘[t]he purpose of a site visit is to acquaint the members of a commission with the property at issue.’ Grimes v. Conservation Commission, supra, 43 Conn. App. 228 n.3. By contrast, the purpose of a hearing is to afford the parties the opportunity to present and to rebut evidence upon which the commission relies in reaching its decision. See General Statutes § 22a-42a (c) (1); Huck v. Inland Wetlands & Watercourses Agency, supra, 203 Conn. 536; Connecticut Fund for the Environment, Inc. v. Stamford, [192 Conn. 247, 249, 470 A.2d 1214 (1984)]. Investigative procedures, such as site inspections, therefore, are not an integral part of the hearing process, although the agency must disclose to the parties any information relied upon in reaching a decision so that they may comment upon it.” Grimes v. Conservation Commission, supra, 243 Conn. 277-78. Our Supreme Court then concluded that “the September 14, 1993 meeting was neither a hearing nor an integral part of the hearing process . . . .” Id., 279.

The cases the plaintiff cites allow a commissioner who misses a hearing to vote “if he acquaints himself [100]*100sufficiently with the issues raised, the evidence presented and the arguments made during his absence so that he can make an informed judgment.” Brunswick v. Inland Wetlands Commission, 29 Conn. App. 634, 640-41, 617 A.2d 466 (1992), citing Dana-Robin Corp. v. Common Council, 166 Conn.

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Bluebook (online)
712 A.2d 984, 49 Conn. App. 95, 1998 Conn. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimes-v-conservation-commission-connappct-1998.