Lepage Homes, Inc. v. Planning & Zoning Commission

812 A.2d 156, 74 Conn. App. 340, 2002 Conn. App. LEXIS 652
CourtConnecticut Appellate Court
DecidedDecember 31, 2002
DocketAC 22370
StatusPublished
Cited by5 cases

This text of 812 A.2d 156 (Lepage Homes, Inc. v. Planning & 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
Lepage Homes, Inc. v. Planning & Zoning Commission, 812 A.2d 156, 74 Conn. App. 340, 2002 Conn. App. LEXIS 652 (Colo. Ct. App. 2002).

Opinion

Opinion

LAVERY, C. J.

The plaintiff, LePage Homes, Inc., appeals from the judgments of the trial court, rendered in favor of the defendant, the planning and zoning commission of the town of Southington. On appeal, the plaintiff claims that the court improperly sustained the defendant’s denial of its resubdivision application.1 The defendant raises two jurisdictional issues as alternate grounds for sustaining the judgments. The defendant claims that the court improperly determined that the plaintiff was aggrieved. Additionally, the defendant claims that the plaintiff lacked standing to appeal from the denials. We conclude that the plaintiff is an aggrieved party with standing to appeal and therefore reject the defendant’s alternate grounds for affirming the judgments. With respect to the merits of the plaintiffs appeal, we affirm the judgments of the trial court.

The court found the following facts. On April 1, 2000, the plaintiff entered into an option contract to purchase a certain piece of land (Archacki property) located at the end of Nunzio Drive in Southington. Nunzio Drive, a road that measures 600 feet in length, terminates in a cul-de-sac. The plaintiff intended to use the proposed resubdivision to extend Nunzio Drive and connect it to [342]*342property that it owned (LePage property) that abutted the Archacki property.2

On July 24,2000, the plaintiff filed an application with the defendant,3 seeking approval for a resubdivision of the Archacki property.4 On July 26, 2000, the plaintiff applied for subdivision approval of the LePage property that would be connected to Nunzio Drive via the proposed resubdivision.

On August 15, 2000, the defendant held a public hearing during which several residents opposed the resubdi-vision.5 The defendant subsequently denied the plaintiffs application for the resubdivision of the Arch-acki property. The defendant, in a letter mailed to the plaintiff, listed six factors as the reasons for the denial: “(1) The roadway, Nunzio Drive, had been accepted as a permanent cul-de-sac and no stub was noted or designated for future development; (2) Nunzio Drive was completed and accepted as a permanent cul-de-sac road; (3) The residents had an expectation upon purchasing their property on Nunzio Drive that the character of their neighborhood would not change. Extending the roadway would change the character of [343]*343the neighborhood; (4) The original developer of Nunzio Drive had no expectation of future development of Nun-zio Drive and no stub was ever noted to denote any further development; (5) There would be a safety issue at hand based upon the change in design of the roadway; and (6) Approval would result in the future creation of a non-conforming lot on the existing portion of Nunzio Drive.” The defendant also denied the plaintiffs application for the subdivision of the LePage property.

The plaintiff filed separate appeals to the trial court from the defendant’s denials of its resubdivision and subdivision applications. After the court made a factual determination that the plaintiff was aggrieved by the defendant’s denial of the resubdivision application, it addressed the reasons for the denial as articulated by the defendant. The plaintiffs proposed resubdivision would have increased Nunzio Drive to a length of 700 feet.6 The court found that the defendant properly classified Nunzio Drive as a permanent cul-de-sac, and therefore it was subject to a 600 foot limitation.7

The court also noted that it was proper for the defendant to base the denial of the plaintiffs resubdivision application on safety concerns. The 600 foot maximum length for a permanent cul-de-sac ensured the safe ingress and egress of residents and emergency vehicles. The court dismissed both appeals, and this appeal followed. Additional facts will be set forth as necessary.

I

As an initial matter, we address the defendant’s alternate grounds for affirming the judgments because those [344]*344grounds implicate the court’s subject matter jurisdiction. Specifically, the defendant claims that the court improperly found that the plaintiff proved that it was aggrieved by the denial of the resubdivision application. The defendant also argues that the plaintiff lacked standing because the owner of the Archacki property did not sign the resubdivision application. We disagree.

A

The defendant first claims that the plaintiff was not an aggrieved party. “The question of aggrievement is essentially one of standing. . . . The issue of standing invokes the trial court’s subject matter jurisdiction. . . . The issue cannot be waived.” (Citations omitted; internal quotation marks omitted.) Bethlehem Christian Fellowship, Inc. v. Planning & Zoning Commission, 58 Conn. App. 441, 443, 755 A.2d 249 (2000). To establish standing, the plaintiff was “required to plead and prove some injury in accordance with our rule on aggrievement.” (Internal quotation marks omitted.) Fuller v. Planning & Zoning Commission, 21 Conn. App. 340, 343, 573 A.2d 1222 (1990).

General Statutes § 8-8 (1) provides in relevant part that an “ ‘aggrieved person’ includes any person owning land that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.” (Emphasis added.) Our Supreme Court has stated that such persons are considered “automatically aggrieved.” See Smith v. Planning & Zoning Board, 203 Conn. 317, 321, 524 A.2d 1128 (1987).

Before addressing the defendant’s arguments, we set forth the appropriate standard of review. “Aggrievement presents a question of fact for the trial court.” Fuller v. Planning & Zoning Commission, supra, 21 Conn. App. 343. “The scope of review of a trial court’s factual decision on appeal is limited to a determination of whether it is clearly erroneous in view [345]*345of the evidence and pleadings. . . . Conclusions are not erroneous unless they violate law, logic or reason or are inconsistent with the subordinate facts.” (Internal quotation marks omitted.) R & R Pool & Home, Inc. v. Zoning Board of Appeals, 43 Conn. App. 563, 567, 684 A.2d 1207 (1996). “A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” (Internal quotation marks omitted.) Lauver v. Planning & Zoning Commission, 60 Conn. App. 504, 509, 760 A.2d 513 (2000).

In the present case, the court heard evidence regarding the plaintiffs status as an aggrieved party. William D.

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Cite This Page — Counsel Stack

Bluebook (online)
812 A.2d 156, 74 Conn. App. 340, 2002 Conn. App. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lepage-homes-inc-v-planning-zoning-commission-connappct-2002.