Lewis v. PLANNING AND ZONING COM'N

880 A.2d 865, 275 Conn. 393
CourtSupreme Court of Connecticut
DecidedSeptember 6, 2005
Docket17006
StatusPublished
Cited by1 cases

This text of 880 A.2d 865 (Lewis 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
Lewis v. PLANNING AND ZONING COM'N, 880 A.2d 865, 275 Conn. 393 (Colo. 2005).

Opinion

880 A.2d 865 (2005)
275 Conn. 393

Walter J. LEWIS, Jr.
v.
PLANNING AND ZONING COMMISSION OF THE TOWN OF CLINTON et al.

No. 17006.

Supreme Court of Connecticut.

Argued December 1, 2004.
Officially released September 6, 2005.

*866 Norman J. Voog, Ridgefield, for the appellant (plaintiff).

John S. Bennet, Essex, for the appellees (named defendant et al.).

Dean M. Cordiano, Hartford, with whom were Joseph L. Hammer, and, on the brief, Elin Swanson Katz, for the appellee (defendant Chelsea G.C.A. Realty Partnership, L.P.).

SULLIVAN, C.J., and NORCOTT, PALMER, ZARELLA and SHORTALL, Js.

PALMER, J.

The dispositive issue in this appeal is whether the plaintiff, Walter J. Lewis, Jr., has standing under General Statutes § 22a-16[1] to challenge: (1) the decision of the defendant inland wetlands and conservation commission of the town of Clinton *867 (commission) approving the application of the defendant Chelsea G.C.A. Realty Partnership, L.P.[2] (Chelsea) for a permit to conduct certain regulated activities in connection with the development of the Clinton Crossing Premium Outlet Center (Clinton Crossing);[3] and (2) the propriety of Chelsea's construction of a storm drainage system on the Clinton Crossing property before obtaining a water discharge permit from the state department of environmental protection. The trial court struck the plaintiff's claim alleging that Chelsea unlawfully had constructed a storm drainage system and thereafter granted the defendants' motions for summary judgment on the plaintiff's remaining claim challenging the validity of the permit that the commission had issued to Chelsea. The trial court thereupon rendered judgment for the defendants, from which the plaintiff appealed to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199(c) and Practice Book § 65-1. We do not address the merits of the plaintiff's claims on appeal, however, because we conclude that the plaintiff lacks standing to bring those claims under § 22a-16 and, therefore, that the trial court lacked subject matter jurisdiction over the plaintiff's action. Accordingly, we reverse the judgment of the trial court and remand the case to that court with direction to render judgment dismissing the action.

The following facts and procedural history are relevant to our disposition of the plaintiff's appeal. In 1994, the commission issued a permit to Chelsea[4] authorizing various activities in connection with the construction of Clinton Crossing, a mall located on a forty-seven acre parcel of property in the town of Clinton. Thereafter, the plaintiff brought this action pursuant to § 22a-16, raising two essential claims. First, the plaintiff alleged that the permit was invalid because the commission had granted it in reliance on a wetlands map submitted by Chelsea that differed materially from the town wetlands map previously approved by the commission in 1986 pursuant to General Statutes § 22a-42a (b).[5] In support of this claim, the plaintiff alleged that Chelsea had violated § 22a-42a (b) by failing to submit the town wetlands map with its permit application *868 and that the commission had violated that statutory provision by approving Chelsea's application without first amending the town map to reflect the wetland boundaries depicted in Chelsea's map. The plaintiff further maintained that, as a result of the commission's improper reliance on Chelsea's map, the commission authorized Chelsea to conduct its activities in a larger area of wetlands than it would have authorized if it had relied on the approved town wetlands map.[6] Second, the plaintiff claimed that Chelsea unlawfully had constructed a storm drainage system on the Clinton Crossing property without first obtaining a water discharge permit from the state department of environmental protection. The plaintiff sought, inter alia, an injunction barring Chelsea from engaging in the challenged activities.

Thereafter, Chelsea filed a motion to dismiss the action and to strike the complaint, claiming lack of subject matter jurisdiction and failure to state a legally sufficient claim. The trial court, Stengel, J., granted Chelsea's motion,[7] and the plaintiff appealed. On appeal, the Appellate Court reversed and remanded the case for further proceedings, concluding, inter alia, that the trial court improperly had concluded that it lacked subject matter jurisdiction. Lewis v. Planning & Zoning Commission, 49 Conn.App. 684, 691, 694, 717 A.2d 246 (1998). The Appellate Court reversed only with respect to the plaintiff's claim regarding the propriety of the wetlands permit in light of its conclusion that the plaintiff had abandoned its claim regarding the storm drainage system by failing to brief it adequately. See id., at 688 n. 3, 717 A.2d 246.

Following remand, the plaintiff filed a revised complaint that contained the same *869 essential claims as those contained in his original complaint. The trial court, McWeeny, J.,[8] subsequently struck the plaintiff's claim regarding the storm drainage system on the ground that the plaintiff was foreclosed from renewing that claim because he had failed to appeal from the earlier adverse ruling on that claim. See id. (plaintiff had abandoned claim regarding storm drainage system in previous appeal).

The plaintiff thereafter filed a motion for summary judgment, claiming that the wetlands permit was invalid because the commission had violated § 22a-42a (b) by relying on Chelsea's map rather than the town wetlands map. The defendants also filed motions for summary judgment, claiming that § 22a-42a (b) did not bar the commission from using the wetlands map that Chelsea had submitted with its application instead of the town wetlands map. The defendants further maintained that the plaintiff lacked standing under § 22a-16 to bring his claim because, inter alia, that statutory provision affords standing to plaintiffs who challenge activities causing or likely to cause unreasonable pollution of the environment as opposed to plaintiffs who merely challenge the validity of the permitting process. The trial court granted the defendants' motions for summary judgment, concluding that neither Chelsea's failure to seek an amendment to the town wetlands map nor the commission's reliance on Chelsea's map violated § 22a-42a (b).[9] The trial court also concluded that the defendants were entitled to judgment in their favor because "Chelsea [had] complied with the specific statutory and regulatory provisions regarding permitted activities impacting wetlands . . . [and] [s]uch compliance cannot constitute an `unreasonable' *870 impairment for purposes of. . . § 22a-16."

On appeal, the plaintiff challenges both the trial court's ruling striking his claim that Chelsea unlawfully had constructed a storm drainage system without first obtaining the necessary permit and the trial court's ruling granting the defendants' motions for summary judgment. We do not reach the merits of the plaintiff's claims because we conclude that he lacks standing under § 22a-16 to bring this action.

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Related

Burton v. COM'R OF ENV. PROTECTION
970 A.2d 640 (Supreme Court of Connecticut, 2009)

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Bluebook (online)
880 A.2d 865, 275 Conn. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-planning-and-zoning-comn-conn-2005.