Kuchta v. Arisian

187 A.3d 408, 329 Conn. 530
CourtSupreme Court of Connecticut
DecidedJuly 24, 2018
DocketSC 19730
StatusPublished
Cited by14 cases

This text of 187 A.3d 408 (Kuchta v. Arisian) 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
Kuchta v. Arisian, 187 A.3d 408, 329 Conn. 530 (Colo. 2018).

Opinion

McDONALD, J.

**531*410"The outdoor sign or symbol is a venerable medium for expressing political, social and commercial ideas." (Internal quotation marks omitted.)

**532Metromedia, Inc. v. San Diego , 453 U.S. 490, 501, 101 S.Ct. 2882, 69 L.Ed. 2d 800 (1981). The primary issue we must resolve in this case is whether General Statutes § 8-2,1 which authorizes a municipality's zoning commission to regulate the height, size, and location of "advertising signs and billboards," permits a municipality to regulate signs erected on residential property that disparage a commercial vendor.

The plaintiff, the zoning enforcement officer for the city of Milford,2 appeals from the judgment of the trial court denying the plaintiff's request for permanent injunctions ordering the defendant homeowner, Eileen R. Arisian, to remove signs on her property that were not in compliance with city zoning regulations and precluding the defendant from occupying the property until she obtained certain certificates required after home improvements had been made to her residence.3 We conclude that the defendant's signs are not "advertising signs," and, accordingly, the trial court properly concluded that municipal regulation of such signs is outside the scope of the authority granted under § 8-2. We further conclude that the trial court properly exercised its discretion when it declined to issue an injunction precluding the defendant from occupying the subject premises.

I

We first address the plaintiff's challenge to the trial court's conclusion that the city's zoning commission **533lacked authority to regulate the defendant's signs as "advertising signs" under § 8-2. The following undisputed facts and procedural history are relevant to this issue.

The defendant contracted with Baybrook Remodelers, Inc., for certain home improvements. Evidently dissatisfied with Baybrook's performance, the defendant erected three signs on her property. One sign stated: "I Do Not Recommend BAYBROOK REMODELERS." Two signs contained the caption: "BAYBROOK REMODELERS' TOTAL LAWSUITS," with bar graphs underneath the caption reflecting the number of lawsuits to which the contractor purportedly was a party.

Thereafter, the plaintiff issued an order notifying the defendant that her signs violated city zoning regulations limiting the size, height, and number of signs per *411street line and ordering her to remove them.4 See Milford Zoning Regs., art. V, §§ 5.3.3.3 (2) and 5.3.4.1. When the defendant still had not complied months later, the plaintiff commenced the present action, which sought to enjoin the defendant from maintaining the signs that did not comply with the zoning regulations. The defendant asserted a special defense that the city lacked authority to regulate her signs under § 8-2.

The trial court denied the request for the injunction. The court found that the defendant's signs violated the restrictions on the size, height, and number of signs in the city's zoning regulations. The court nonetheless concluded that the city lacked authority to regulate the signs under § 8-2. It reasoned that the defendant's signs were not "advertising signs"

**534as previously defined by this court because they did not promote the sale of goods or services. This appeal followed.

On appeal, the plaintiff asserts that an "advertising" sign, as that term is used in § 8-2 and as that term is commonly defined, means any sign that makes a public announcement. According to the plaintiff, this broad definition is proper because it more fully aligns with the stated purposes of the zoning enabling statute than the narrower one adopted by the trial court. The plaintiff further asserts that this broader definition is proper because a narrower definition may constitute content based regulation in violation of the first amendment to the United States constitution. We disagree.5

The meaning of the term "advertising signs" is a matter of statutory construction, to which well settled principles and plenary review apply. Middlebury v. Connecticut Siting Council , 326 Conn. 40, 48, 161 A.3d 537 (2017). "In seeking to determine that meaning, General Statutes § 1-2z directs us to first consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of a statute shall not be considered.... When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation **535and common law principles governing the same general subject matter ...." (Internal quotation marks omitted.) Gilmore v. Pawn King, Inc. , 313 Conn. 535, 542-43, 98 A.3d 808 (2014).

In addition to these general principles, we must be mindful when construing § 8-2 that the grant of municipal authority to enact zoning regulations is in derogation of the common law. See City Council v. Hall , 180 Conn. 243, 248, 429 A.2d 481 (1980) ("as a creation of the state, a municipality *412has no inherent power of its own... [and] the only powers a municipal corporation has are those which are expressly granted to it by the state" [citations omitted] ); see also Schwartz v. Planning & Zoning Commission

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Bluebook (online)
187 A.3d 408, 329 Conn. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuchta-v-arisian-conn-2018.