Keiser v. Zoning Commission

806 A.2d 103, 72 Conn. App. 721, 2002 Conn. App. LEXIS 502
CourtConnecticut Appellate Court
DecidedOctober 1, 2002
DocketAC 19681
StatusPublished
Cited by5 cases

This text of 806 A.2d 103 (Keiser v. Zoning 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. Zoning Commission, 806 A.2d 103, 72 Conn. App. 721, 2002 Conn. App. LEXIS 502 (Colo. Ct. App. 2002).

Opinion

Opinion

SCHALLER, J.

This case comes to us on remand from our Supreme Court for reconsideration in light of the [723]*723Supreme Court’s decision in Nizzardo v. State Traffic Commission, 259 Conn. 131, 788 A.2d 1158 (2002) (en banc). In accordance with the remand; Keiser v. Zoning Commission, 259 Conn. 921, 791 A.2d 568 (2002); we must address the issue of whether, under the dictates of Nizzardo, the plaintiff, Basil E. Keiser, had standing to intervene in the proceedings of the zoning commission of the town of Redding (zoning commission).

We first set forth the facts and procedural history, as stated in Keiser v. Zoning Commission, 62 Conn. App. 600, 771 A.2d 959 (2001). This case began when the defendants, Gilbert and Bennett Manufacturing Company and the water pollution control commission of the town of Redding (pollution control commission), jointly filed an application with the zoning commission for a special permit and site plan approval for the construction of a wastewater treatment facility on land owned by Gilbert and Bennett Manufacturing Company. Id., 602. The zoning commission scheduled a hearing to consider the application and, subsequently, the plaintiff filed a notice of intervention pursuant to General Statutes § 22a-19 (a).1 Id. The plaintiff alleged in his notice of intervention that the wastewater treatment facility would have a detrimental impact on the environment. Id., 602-603. At the zoning commission hearing, the plaintiff testified that the building site was contaminated with cinder fill and that any disturbance would cause hazardous materials to be released into the Nor-walk River, which abutted the proposed site. Id., 603. The zoning commission disagreed and approved the special permit and site plan. Id.

[724]*724The plaintiff appealed from the zoning commission decision to the trial court. Id. The court, however, determined that the plaintiff lacked statutory standing under § 22a-19 (a) as well as classical standing to appeal from the zoning commission’s decision. Id. Despite its standing determination, the court went on to conclude that “even if the plaintiff had standing, he could not prevail on the merits of his claim because there was substantial evidence supporting the zoning commission’s decision.” Id. The plaintiff appealed to this court, claiming that the trial court improperly concluded that he did not have statutory standing under § 22a-19 (a). Id. We agreed with the plaintiff, reversed the court’s judgment and remanded the case for a hearing on the merits. Id., 603-604. We declined, however, to review the court’s decision on the merits because we concluded that once the trial court determined that the plaintiff did not have standing, it did not have authority to decide the case. Id., 602 n.2. We therefore stated that the court’s decision on the merits was null and void, and that we could not review a nullity. Id.

The zoning commission and the pollution control commission filed a petition for certification to appeal from our decision to the Supreme Court. The petition challenged our determination that we could not review the trial court’s decision on the merits. The Supreme Court granted the defendants’ petition and, in the same order, remanded the matter to us for reconsideration in light of its holding in Nizzardo v. State Traffic Commission, supra, 259 Conn. 131. Keiser v. Zoning Commission, supra, 259 Conn. 921. Specifically, the remand stated that “[t]he petition for certification by the defendants, the zoning commission of the town of Redding and the water pollution control commission of the town of Redding, for appeal from the Appellate Court, 62 Conn. App. 600 (AC 19681), is granted. The case is remanded to the Appellate Court for reconsideration [725]*725in light of this court’s decision in Nizzardo v. State Traffic Commission, 259 Conn. 131, 788 A.2d 1158 (2002).” Keiser v. Zoning Commission, supra, 259 Conn. 921.

In Nizzardo, our Supreme Court determined that § 22a-19 (a) permits a party to intervene in an administrative proceeding to raise environmental issues when two conditions are met. First, the Nizzardo court concluded that “§ 22a-19 grants standing to intervenors to raise only those environmental concerns that are within the jurisdiction of the particular administrative agency conducting the proceeding into which the party seeks to intervene.” Nizzardo v. State Traffic Commission, supra, 259 Conn. 148. Second, the Nizzardo court determined that to qualify as a “verified pleading” under § 22a-19, a petition must “contain specific factual allegations setting forth the environmental issue that the inter-venor intends to raise.” Id., 164-65. The Supreme Court further stated that “[t]he facts contained therein should be sufficient to allow the agency to determine from the face of the petition whether the intervention implicates an issue within the agency’s jurisdiction.” Id., 165. “By requiring that intervention petitions under § 22a-19 allege facts setting forth the environmental claim that the intervenor intends to raise, we ensure that the agency will have the ability to determine upon a review of the petition whether the agency properly has jurisdiction over that environmental issue.” Id., 164.

In light of our Supreme Court’s remand and the Niz-zardo decision, we directed the parties in the present case to address in supplemental briefs and at oral argument whether Nizzardo has any impact on the present case. The plaintiff argues that he has met both of the conditions set forth in Nizzardo. He argues that unlike the notice of intervention m. Nizzardo, which was ruled insufficient to establish standing; id., 161; his notice contained specific factual allegations that set forth the envi[726]*726ronmental issues he intended to raise. He also contends that in contrast to the state traffic commission in Niz-zardo, which was determined not to have jurisdiction to consider environmental concerns; id., 165; the zoning commission in the present case has jurisdiction to consider the environmental concerns that he raised. The zoning commission argues that the application of Niz-zardo to the present case requires us to conclude that the plaintiff does not have standing. It contends that the plaintiffs notice did not meet the “verified pleading” standard articulated in Nizzardo and, even if the notice was sufficient, the zoning commission did not have jurisdiction to consider the environmental issues raised.

We first set forth our standard of review. “If a party is found to lack standing, the court is without subject matter jurisdiction to determine the cause.” (Internal quotation marks omitted.) Giulietti v. Giulietti, 65 Conn. App. 813, 870, 784 A.2d 905, cert. denied, 258 Conn. 946, 947, 788 A.2d 95, 96, 97 (2001). “Atrial court’s determination that it lacks subject matter jurisdiction because of a plaintiffs lack of standing is a conclusion of law that is subject to plenary review on appeal.”2

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Cite This Page — Counsel Stack

Bluebook (online)
806 A.2d 103, 72 Conn. App. 721, 2002 Conn. App. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keiser-v-zoning-commission-connappct-2002.