LaTorre v. City of Hartford

355 A.2d 101, 167 Conn. 1, 1974 Conn. LEXIS 723
CourtSupreme Court of Connecticut
DecidedJuly 23, 1974
StatusPublished
Cited by15 cases

This text of 355 A.2d 101 (LaTorre v. City of Hartford) 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
LaTorre v. City of Hartford, 355 A.2d 101, 167 Conn. 1, 1974 Conn. LEXIS 723 (Colo. 1974).

Opinion

House, C. J.

This appeal was taken by the defendant city of Hartford from a judgment of the Superior Court vacating the action of the court of common council of that city establishing, by ordinance on January 3, 1972, new street, building, curb and sidewalk lines on Grove Street in Hartford.

The following preliminary facts were found by the court: For the past twenty years, the city of Hartford has had the goal of widening most of the older downtown streets. The city has already accomplished, the widening of Columbus Boulevard, Market Street, Kinsley Street and State Street, [3]*3which streets are in the area of Grove Street, and has a continuing program for the future widening of Trumbull Street and another area of Columbus Boulevard. Starting in 1959, the city engineering staff planned the widening of Grove Street because of its narrowness and the resulting difficulty it presents to traffic. The city engineer determined that it was not feasible to widen Grove Street on the north side owing to the existence of certain structures which were deemed to be too close to the existing north line of the street.

In 1964, the city engineer notified The Travelers Insurance Company1 (hereinafter referred to as Travelers), the owner of much of the land on the south side of Grove Street, of the city’s plan to widen the street on that side. In addition to the property owned by Travelers, the proposed widening of Grove Street also included the entire parcel of land in which the plaintiff owns a one-half interest. The plaintiff conducts a retail poultry business and slaughterhouse on this parcel situated on the southwesterly corner of Grove Street and Columbus Boulevard, abutting on the west side the property owned by Travelers.

In 1969, the city engineer wrote to Travelers defining the proposed Grove Street widening and requesting that the company take the planned widening into consideration in any development of its land adjoining Grove Street. Pursuant to the request of the city, Travelers did build its new office building forty feet back from the old street line. In order to facilitate the city’s project, Trav[4]*4elers also offered to convey to the city, for a nominal sum, the necessary property it owned on the south side of Grove Street.

The city of Hartford is authorized “to lay out, construct, reconstruct, alter . . . streets . . Hartford City Charter, c. II, § 2 (a); 25 Spec. Laws 37, No. 30; and to open and widen streets; id., §2 (f). On January 3, 1972, the court of common council passed an ordinance, as required for any public work or improvement; id., c. XI, § 3; 29 Spec. Acts 349, No. 401; establishing the new street line to widen Grove Street.

Purporting to act in accordance with the appeal procedure set forth in chapter XI, § 3 of the Hartford City Charter,2 the plaintiff appealed to the Superior Court in Hartford County seeking by a substitute complaint a declaratory judgment determining: (1) whether the ordinance was null and void, (2) whether the city “has the right to condemn property for a private individual,” (3) whether it is equitable to take the plaintiff’s property when open land is available on the north side of Grove Street, and, in addition, seeking an injunction against the taking of the plaintiff’s property by the defendant city.

The court concluded that an appeal from the action of the court of common council was not an independent eivil action but rather a continuation of proceedings before that body, and that since the only issue before the court was the legality of the [5]*5action taken by the court of common council, a declaratory judgment and injunctive relief were unnecessary and improper, the only relief required being a judgment that the action of the court of common council be vacated. The court further concluded that two of the councilmen who voted for the adoption of the ordinance were disqualified from voting on the question of its adoption and that their disqualification rendered invalid the action of the court of common council in adopting the ordinance. On the basis of these conclusions the court rendered judgment vacating the action of the court of common council in establishing new street, building, curb and sidewalk lines on Grove Street. It is from this judgment that the defendant city has appealed.

The defendant’s assignment of errors addressed to the conclusions of the court directly raises the question which is decisive of the merits of this appeal—whether two of the members of the court of common council were disqualified from voting on the question of the adoption of the ordinance which provided for the widening of Grove Street so that their affirmative votes rendered the adoption of the ordinance invalid.

Relevant to our consideration of this question are several other uncontested findings of the trial court. All requisite formalities required for the passage of the ordinance were satisfied. The city’s “conflict of interest” ordinance; Hartford Municipal Code § 2-141; is not applicable to an ordinance widening Grove Street. Councilman George Levine was and is associated with a law firm which at times represents Travelers. Councilman Roger B. Ladd, in addition to being a general insurance agent for The Security-Connecticut Insurance Group, is an insur[6]*6anee agent for Travelers, which company aided him in securing an accident and health insurance license from the state. In over twenty years in business he has received only one commission from Travelers, in 1969. None of the couneilmen acted out of improper motives.

The court further concluded that the widening of public streets is essentially a legislative question, and it is for the court of common council acting as a legislative body of the city to determine whether public convenience and necessity require the widening of Grove Street and its extent and location; that the taking of the plaintiff’s property was for a public purpose; that the incidental benefit to Travelers did not make the widening other than a taking for ,a public purpose; that none of the couneilmen permitted any consideration to intrude into the deliberations and action other than what in his sound judgment was in the best interest of the city; and that there was no bad faith, clear abuse of power or plain disregard of duty by the court of common council in enacting the Grove Street widening ordinance.

Despite these findings the Superior Court concluded that couneilmen Ladd and Levine were disqualified from voting on a matter affecting Travelers’ property interests and that their disqualification rendered invalid the action of the court of common council in approving the ordinance.

“We can properly turn to the memorandum of decision to ascertain the grounds upon which the court acted. Grievance Committee v. Rottner, 152 Conn. 59, 64, 203 A.2d 82; Molk v. Micklewright, 151 Conn. 606, 608, 201 A.2d 183; Maltbie, Conn. App. Proc. § 152.” National Broadcasting Co. v. Rose, [7]*7153 Conn. 219, 226, 215 A.2d 123.

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Cite This Page — Counsel Stack

Bluebook (online)
355 A.2d 101, 167 Conn. 1, 1974 Conn. LEXIS 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latorre-v-city-of-hartford-conn-1974.