Hillcroft Partners v. Commission on Human Rights & Opportunities

533 A.2d 852, 205 Conn. 324, 1987 Conn. LEXIS 1051
CourtSupreme Court of Connecticut
DecidedNovember 24, 1987
Docket13158
StatusPublished
Cited by27 cases

This text of 533 A.2d 852 (Hillcroft Partners v. Commission on Human Rights & Opportunities) 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
Hillcroft Partners v. Commission on Human Rights & Opportunities, 533 A.2d 852, 205 Conn. 324, 1987 Conn. LEXIS 1051 (Colo. 1987).

Opinion

Shea, J.

The plaintiffs, Hillcroft Partners and Schlesinger Management Corporation, appealed to the Superior Court from an order of the defendant commission on human rights and opportunities (CHRO) implementing its finding that the policy of the plaintiff landlord and rental agent in limiting occupancy of their three-bedroom apartments to no more than four persons discriminated against prospective tenants with minor children in violation of General Statutes § 46a-64a.1 The trial court dismissed the appeal because of the failure to serve the complainant, Margaret Schifini, who had instituted the proceeding against the plaintiffs and was the beneficiary of a resulting financial award.

In this appeal from the judgment of dismissal the plaintiffs claim that the trial court erred in concluding that service of the complaint upon the complainant was [326]*326required by General Statutes § 4-183 (b)2 of the Uniform Administrative Procedure Act (UAPA), which provides for service upon “all parties of record.” We find no error.

Because it is conceded that Schifini was never served, the dispositive issue is whether she was a party of record upon whom service of the petition appealing from the CHRO decision was required by § 4-183 (b). If the complainant was such a party, the failure to follow the statutory mandate to serve her was a jurisdictional defect warranting dismissal of the appeal. We have held that “[a] statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created.” Royce v. Freedom of Information Commission, 177 Conn. 584, 587, 418 A.2d 939 (1979). “The appeal provisions of the statute are jurisdictional in nature, and, if not complied with, render the appeal petition subject to dismissal.” Basilicato v. Department of Public Utility Control, 197 Conn. 320, 324,497 A.2d 48 (1985); Minichino v. Freedom of Information Commission, 6 Conn. App. 148,149, 503 A.2d 1189 (1986); Newtown v. Department of Public Utility Control, 3 Conn. App. 416, 419, 488 A.2d 1286 (1985).

[327]*327The term “party” is defined by General Statutes § 4-166 (5)3 of the UAPA to mean “each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party . . . .” We consider first the last definitional alternative, “properly seeking and entitled as of right to be admitted as a party.” The record in this case discloses no attempt by the complainant to be admitted as a party, whether or not she may have been entitled to that status. As a recipient of a financial benefit by virtue of the CHRO order, Schifini may well have been “entitled as of right to be admitted as a party” and thus to notice of an appeal contesting that award. See Shulman v. Zoning Board of Appeals, 143 Conn. 182, 183,120 A.2d 550 (1956); Devaney v. Board of Zoning Appeals, 132 Conn. 218, 220, 43 A.2d 304 (1945). Because the absence of notice to one having a substantial interest in a legal proceeding raises constitutional concerns, the CHRO argues that we should construe § 4-183 (b) to require service upon a person “entitled as of right to be admitted as a party” even though he has never sought that status. The failure to join one who is even an indispensable party, however, does not warrant dismissal of a statutory appeal where the statute does not specify that such a person must be served. “New parties may be added and summoned in . . . by order of the court, at any stage of the cause, as it deems the interests of justice require.” Practice Book § 100. This court has remanded a statutory appeal for the purpose of joining an indispensable party omitted from the service requirements of the statute authorizing the appeal even when the defect has been noticed by us sua sponte. Shulman v. Zoning Board of Appeals, [328]*328supra, 183-84. The contention advanced by the CHRO that § 4-183 (b) must be construed to require service upon the complainant as a necessary party in order to satisfy the constitutional requirement of an opportunity to be heard; see Rogers v. Commission on Human Rights & Opportunities, 195 Conn. 543, 548-49, 489 A.2d 368 (1985); therefore, does not persuade us to ignore the use of the conjunctive in the definitional phrase, “or properly seeking and entitled as of right to be admitted as a party.” (Emphasis added.) General Statutes § 4-166 (5).

We conclude, however, that the record sufficiently establishes that the complainant was “named” as a party during the CHRO proceeding and thus became a party of record under the first alternative of the definition contained in § 4-166 (5). The first letters sent by the CHRO to each plaintiff bore references to docket numbers of proceedings entitled “Margaret M. Schifini v. Hillcroft Partners” and “Margaret M. Schifini v. Schlesinger Management Corp.” Copies of the sworn complaints enclosed with the letters bore a caption as follows: “Commission on Human Rights and Opportunities on the Complaint of Margaret M. Schifini, Complainant vs. (each plaintiff) Respondent.”4 A letter of the plaintiffs responding to the complaints as well as the affidavits submitted therewith had the reference or caption “Margaret M. Schifini vs. (each plaintiff).” The notice of public hearing referred to the complaints by the same title. The brief filed with the hearing officer by the attorney general, as well as that of the plaintiffs, bore the caption, “C.H.R.O. ex rel. Margaret [329]*329Schifini, Complainant v. Hillcroft Partners and Schlesinger Management Corp., Respondents.” The same caption appears on the final decision issued by the CHRO. The record of the proceeding, therefore, indicates that the complainant was named in the pleadings and other documents filed either as the sole party pursuing the claim against the plaintiffs or as a relator at whose behest the CHRO had instituted the proceeding.

In mandamus actions at common law, where there is a private right to have a public duty performed, the suit is ordinarily brought in the name of the state or its attorney, designating the aggrieved person seeking performance of such duty as the relator. State ex rel. Foote v. Bartholomew, 103 Conn. 607, 618,132 A. 30 (1925); State v. Towers, 71 Conn. 657, 663, 42 A. 1083 (1899). The same practice of naming the person who has instigated the proceeding as the relator has usually been followed in mandamus actions for the enforcement of a public duty, where “the people are regarded as the real party in interest” and the relator “need not show that he has any legal or special interest in the result.” State ex rel. Eastern Color Printing Co. v. Jenks, 150 Conn.

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Bluebook (online)
533 A.2d 852, 205 Conn. 324, 1987 Conn. LEXIS 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillcroft-partners-v-commission-on-human-rights-opportunities-conn-1987.