Keiser v. Conservation Commission

674 A.2d 439, 41 Conn. App. 39, 1996 Conn. App. LEXIS 179
CourtConnecticut Appellate Court
DecidedApril 9, 1996
Docket13868
StatusPublished
Cited by32 cases

This text of 674 A.2d 439 (Keiser 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
Keiser v. Conservation Commission, 674 A.2d 439, 41 Conn. App. 39, 1996 Conn. App. LEXIS 179 (Colo. Ct. App. 1996).

Opinion

SPEAR, J.

The plaintiff appeals from the judgment of the trial court dismissing his appeal from the decision of the named defendant, the Redding conservation commission (commission). The commission had approved the application of the water pollution control commission of Redding (WPCC), also a defendant in this action, without conducting a public hearing. On appeal, the plaintiff claims that the trial court improperly found that substantial evidence existed to support the commission’s decisions approving the application and declining to conduct a public hearing. He also claims that the commission’s failure to notify an adjoining municipality as to the application deprived the commission of subject matter jurisdiction. We disagree with the plaintiffs claims and affirm the judgment of the trial court.

The trial court recited the following facts and procedural history in its memorandum of decision. On April 7,1993, WPCC submitted an application to the commission to construct a sewer collection system in the Georgetown area of the town of Redding. The proposed project would affect an area designated as a historic district by the National Register of Historic Places. The commission discussed the application at meetings held on April 20 and May 4, 1993. On May 18, 1993, the plaintiff intervened pursuant to General Statutes § § 22a-19 (a) and 22a-19a on the ground that the application would be reasonably likely to pollute, impair or destroy the public trust in the natural resources of the state and the historic district.

[41]*41The commission thereafter unanimously approved the application on the condition that the commission’s environmental consultant oversee the installation of sediment and erosion control measures. The trial court dismissed the plaintiffs appeal from that decision, and this appeal followed.

I

The plaintiff first challenges the trial court’s finding that substantial evidence existed to support the commission’s decision to approve the application.

The plaintiff shoulders the burden of proof when challenging a decision of an administrative agency. Newtown v. Keeney, 234 Conn. 312, 319, 661 A.2d 589 (1995); Samperi v. Inland Wetlands Agency, 226 Conn. 579, 587-88, 628 A.2d 1286 (1993); Red Hill Coalition, Inc. v. Conservation Commission, 212 Conn. 710, 718, 563 A.2d 1339 (1989). A showing by the plaintiff that another decision maker might have reached a different conclusion does not satisfy this burden. Newtown v. Keeney, supra, 319; DeBeradinis v. Zoning Commission, 228 Conn. 187, 198, 635 A.2d 1220 (1994). Instead, the plaintiff must establish that substantial evidence does not exist in the record to support the agency’s decision. Samperi v. Inland Wetlands Agency, supra, 587; Feinson v. Conservation Commission, 180 Conn. 421, 425, 429 A.2d 910 (1980). Should substantial evidence exist in the record to support any basis or stated reason for the agency’s decision, the court must sustain the decision. DeBeradinis v. Zoning Commission, supra, 199; Primerica v. Planning & Zoning Commission, 211 Conn. 85, 96, 558 A.2d 646 (1989). The reviewing court may grant relief from the agency’s decision only where the decision is “arbitrary, illegal or not reasonably supported by the evidence.” Red Hill Coalition, Inc. v. Conservation Commission, supra, 718.

[42]*42“This so-called substantial evidence rule is similar to the sufficiency of the evidence standard applied in judicial review of jury verdicts, and evidence is sufficient to sustain an agency finding if it affords a substantial basis of fact from which the fact in issue can be reasonably inferred. . . . [I]t imposes an important limitation on the power of the courts to overturn a decision of an administrative agency . . . and to provide a more restrictive standard of review than standards embodying review of weight of the evidence or clearly erroneous action. . . . The United States Supreme Court, in defining substantial evidence in the directed verdict formulation, has said that it is something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” (Internal quotation marks omitted.) Newtown v. Keeney, supra, 234 Conn. 319-20.

The plaintiff correctly asserts that the commission did not state any reasons in support of its decision to approve the application of WPCC. Nonetheless, “it is improper for the reviewing court to reverse an agency decision simply because [the] agency failed to state its reason for its decision on the record. The reviewing court instead ‘must search the record of the hearings before the commission to determine if there is an adequate basis for its decision.’ ” Samperi v. Inland Wetlands Agency, supra, 226 Conn. 588-89, quoting Gagnon v. Inland Wetlands & Watercourses Commission, 213 Conn. 604, 611, 569 A.2d 1094 (1990). “ ‘The evidence, however, to support any such reason must be substantial . . . .’ ” Samperi v. Inland Wetlands Agency, supra, 588.

It is reasonable to infer that the commission’s approval of the application was based on the unlikelihood that the construction of the sewer collection sys[43]*43tem would pollute the natural resources within the surrounding areas. This basis is well supported in the record. During the meeting at which the commission received the application, the commission’s engineer submitted a report that raised seven concerns pertaining to the construction of the collection system. The commission was specifically concerned with the construction that would occur adjacent to Gilbert Bennett Brook, an existing watercourse. The following day, an environmental consulting firm representing WPCC submitted a letter that addressed most of the concerns raised by the engineer. The firm, at a later meeting, answered more questions posed by members of the commission. Further, at the commission’s June 15,1993 meeting, the commission’s engineer stated that the “application appears to be in order except that the soil erosion and sediment control measures needed to be stressed.” The commission alleviated this concern by requiring its environmental consultant to oversee the installation of sediment and erosion control measures.

The trial court found that the record provided a basis for the commission’s decision to approve the application, namely, that the construction of the proposed collection system would not cause unreasonable pollution. Having analyzed the record thoroughly, we conclude that there is substantial evidence to support this determination.

II

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Bluebook (online)
674 A.2d 439, 41 Conn. App. 39, 1996 Conn. App. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keiser-v-conservation-commission-connappct-1996.