Kraiza v. Planning and Zoning Com'n

41 A.3d 258, 304 Conn. 447
CourtSupreme Court of Connecticut
DecidedApril 24, 2012
Docket18667
StatusPublished
Cited by3 cases

This text of 41 A.3d 258 (Kraiza v. Planning and Zoning Com'n) 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
Kraiza v. Planning and Zoning Com'n, 41 A.3d 258, 304 Conn. 447 (Colo. 2012).

Opinion

41 A.3d 258 (2012)
304 Conn. 447

Harry KRAIZA, Jr.
v.
PLANNING AND ZONING COMMISSION OF the TOWN OF HARTLAND.

No. 18667.

Supreme Court of Connecticut.

Argued January 9, 2012.
Decided April 24, 2012.

*259 Kenneth R. Slater, Jr., Hartford, for the appellant (plaintiff).

Mary E.R. Bartholic, with whom was Thomas W. Witherington, Hartford, for the appellee (defendant).

ROGERS, C.J., and NORCOTT, PALMER, ZARELLA, McLACHLAN, EVELEIGH and HARPER, Js.

ZARELLA, J.

The plaintiff, Harry Kraiza, Jr., appeals from the judgment of the Appellate Court affirming the trial court's dismissal of his appeal from the denial of his subdivision application by the defendant, the planning and zoning commission of the town of Hartland (commission).[1] On appeal, the plaintiff claims that the Appellate Court incorrectly interpreted the Hartland zoning and subdivision regulations[2] when it *260 agreed with the commission that the proposed dead-end street that provides the only access to the subdivided lots on his property constitutes an extension of an existing loop road on adjacent property and that the combined length of the two roads exceeds the permissible length for a permanent dead-end street. The commission responds that the Appellate Court correctly interpreted the regulations. We agree with the plaintiff and reverse the judgment of the Appellate Court.

The following relevant facts and procedural history are set forth in the opinion of the Appellate Court. "On or about June 11, 2007, the plaintiff filed an application with the commission seeking approval of a proposed eight lot subdivision on his 19.57 acre property, located in the town of Hartland. The east side of the plaintiff's property adjoins Hartland's boundary with the town of Granby. The south side of the plaintiff's property adjoins the Eastwood subdivision. Access to the lots in the Eastwood subdivision is provided by Eastwood Drive ... which was approved as part of that subdivision plan. Eastwood Drive intersects with Route 20 and extends into the Eastwood subdivision for approximately 850 feet, where it divides into two sections forming a loop. Ten lots are located on the outside of the loop and four lots within it. The total length of Eastwood Drive, including the loop, is approximately 3500 feet. Included on the Eastwood final subdivision plan is a[50] foot wide reserve strip labeled `Reserved For Future Road,' which runs from the loop section of Eastwood Drive to the boundary of the plaintiff's property. The plaintiff's proposal included a dead-end street, Hazel Lane, to provide access to the lots by connecting to Eastwood Drive over the reserve strip. Hazel Lane extends approximately 1100 feet into the subdivision, forming a cul-de-sac....

"The commission hired Martin J. Connor, a planning consultant, to offer his expert opinion as to whether the plaintiff's proposal complied with the regulations. Connor opined that Hazel Lane did comply with the 1200 foot regulatory limitation for permanent dead-end streets because it measured only 1100 feet in length. He further opined that the length of Hazel Lane should not be combined with that of Eastwood Drive when assessing whether the plaintiff's proposal complied with the regulations.[3]

"Notwithstanding Connor's recommendation, and after concluding a public hearing on November 19, 2007, that had *261 extended over multiple evenings, the commission, on January 17, 2008, unanimously voted to deny the plaintiff's application, finding that it was in violation of §§ [I-1 J][4] and [I-6 A 2][5] of the [subdivision] regulations because Eastwood Drive and Hazel Lane combined to form an extended dead-end street with a total length exceeding the 1200 foot regulatory limitation. The plaintiff appealed to the Superior Court, which, on December 17, 2008, affirmed the commission's denial of his application."[6] (Citations omitted.) Kraiza v. Planning & Zoning Commission, 121 Conn.App. 478, 480-82, 997 A.2d 583 (2010). Thereafter, the plaintiff, on the granting of certification, appealed to the Appellate Court.

In affirming the trial court's judgment, the Appellate Court concluded that the plain language and context of the regulations demonstrate that they apply to both existing and newly proposed dead-end streets; id., at 485-86, 490, 997 A.2d 583; and that a loop road, such as Eastwood Drive, fits within the definition of a dead-end street because it has only one means of ingress or egress. Id., at 495-96, 997 A.2d 583. The court also concluded that the commission had not arbitrarily reinterpreted the subdivision regulations in considering the plaintiff's application and determining that Eastwood Drive is a dead-end street because there was no evidence in the record regarding the commission's reasons for approving the Eastwood subdivision, and, therefore, its approval did not constitute proof that Eastwood Drive is not a dead-end street. Id., at 496-97, 997 A.2d 583. This court subsequently granted the plaintiff's petition for certification to *262 appeal, limited to the following issue: "Did the Appellate Court properly determine that the [commission] properly denied the plaintiff's application to subdivide his property?" Kraiza v. Planning & Zoning Commission, 298 Conn. 904, 3 A.3d 70 (2010).

On appeal, the plaintiff argues that the commission improperly denied his application on the ground that Hazel Lane is an extension of Eastwood Drive and that the combined length of the two roads forms a single dead-end street that exceeds the length permitted under the subdivision regulations.[7] The commission responds that it properly viewed the two roads as forming one continuous road and properly applied the regulations on the basis of that understanding because Route 20 provides the only means of ingress and egress to the Eastwood subdivision and the plaintiff's property. We agree with the plaintiff.

We begin with the applicable standard of review. "Generally, it is the function of a zoning board ... to decide within prescribed limits and consistent with the exercise of [its] legal discretion, whether a particular section of the zoning regulations applies to a given situation and the manner in which it does apply. [In turn] [t]he ... court ha[s] to decide whether the board correctly interpreted the section [of the regulations] and applied it with reasonable discretion to the facts.... In applying the law to the facts of a particular case, the board is endowed with ... liberal discretion, and its action is subject to review ... only to determine whether it was unreasonable, arbitrary or illegal.... Moreover, the plaintiffs bear the burden of establishing that the board acted improperly....

"Ordinarily, this court affords deference to the construction of a statute applied by the administrative agency empowered by law to carry out the statute's purposes.... [A]n agency's factual and discretionary determinations are to be accorded considerable weight....

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Bluebook (online)
41 A.3d 258, 304 Conn. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraiza-v-planning-and-zoning-comn-conn-2012.