Madrid Corp. v. Inland Wetlands Agency

594 A.2d 1037, 25 Conn. App. 446, 1991 Conn. App. LEXIS 282
Connecticut Appellate Court·Decided August 13, 1991·No. 9759·Published·Cited by 19 cases

Opinion

Foti, J.

The plaintiff appeals from the judgment denying its appeal from the decision of the defendant1 [447] inland wetlands agency of the town of Mansfield (agency) denying the plaintiff’s application for a permit to conduct regulated activities within 150 feet of an inland wetlands.

The defendant agency regulates the wetlands and watercourses, as well as adjoining buffer areas of 150 feet, in the town of Mansfield.2 On May 17, 1989, the plaintiff filed an application with the defendant to deposit fill material on land that slopes down to a wetlands. The parcel is approximately four acres and is owned by the plaintiff, which sought to subdivide it into two lots. On each of these lots, the plaintiff planned to build a three bedroom house with a driveway, well and septic system.

Following a public hearing, the agency met on September 6,1989, and subsequently denied the plaintiffs application and set forth its reasons in a letter dated September 11, 1989. The plaintiff appealed from the denial of its application to the Superior Court, which affirmed the agency’s decision. In response to the plaintiff’s motion for articulation, the trial court cited the plaintiff’s failure to “fully address feasible alternatives as required by [General Statutes] § 22a-41 (b)” as the basis of its denial of the plaintiff’s appeal. The plaintiff was granted certification and now appeals to this court.

The plaintiff claims that the trial court improperly denied its appeal because (1) the reasons stated by the agency for denying the plaintiff’s application were not supported by the record and (2) the trial court’s find[448] ing that the plaintiff did not adequately address feasible alternatives was not a proper basis for denying its appeal. We affirm the trial court’s judgment.

The agency set forth five reasons for denying the plaintiff’s application.3 Despite the plaintiff’s challenge, “[t]he agency’s decision must be sustained if an examination of the record discloses evidence that supports any one of the reasons given.” Huck v. Inland Wetlands & Watercourses Agency, 203 Conn. 525, 539-40, 525 A.2d 940 (1987). “The evidence, however, to support any such reason must be substantial.” Id., 540. If none of the reasons given is properly supported by substantial evidence, then the defendant’s denial must be overturned. Substantial evidence will be found to exist, however, if the record affords a substantial basis from which the fact in issue can be reasonably inferred. Connecticut Light & Power Co. v. Department of Public Utility Control, 216 Conn. 627, 640, 583 A.2d 906 (1990).

“A reviewing court is required to search the record for reasons; it is not required to articulate them.” Kaeser v. Conservation Commission, 20 Conn. App. 309, 312, 567 A.2d 383 (1989). Here, the trial court as the reviewing court did articulate the reason. The trial court reviewed the record before dismissing the appeal and concluded that the plaintiff had not fully addressed the feasible alternatives as required by General Statutes § 22a-41 (b).

[449] The plaintiff argues that because the permit applied for is not for an activity on “wetlands” but rather on land within 150 feet of wetlands, some distinction should be made. We are not persuaded that this is warranted. The decision to grant or deny a permit for activity in a regulated area is controlled by statute and regulation, without distinction as to where the regulated area is situated. The purpose of the wetlands statutes is to protect and preserve inland wetlands and watercourses “by providing an orderly process to balance the need for the economic growth of the state and the use of its land with the need to protect its environment and ecology . . . .” General Statutes § 22a-36. “An agency empowered to implement the wetlands act must therefore be vested with a certain amount of discretion in order to carry out its function.” Red Hill Coalition, Inc. v. Conservation Commission, 212 Conn. 710, 722, 563 A.2d 1339 (1989).

Although the agency did not specifically find that the construction of a single dwelling would be a feasible alternative or that prohibiting any development constituted such an alternative,4 it did find “that feasible and prudent alternatives may exist.” The plaintiffs burden, in challenging the action of the agency in denying the application, is to show that the agency acted arbitrarily, illegally or that the decision is not reasonably supported by the evidence. Lovejoy v. Water Resources Commission, 165 Conn. 224, 228-29, 332 A.2d 108 (1973). The plaintiff argues that there was no substantial evidence that there would be any environmental impact as a result of its proposed action, so there was, therefore, no need for the agency to consider whether alternatives existed.

Free access — add to your briefcase to read the full text and ask questions with AI

Madrid Corp. v. Inland Wetlands Agency, 594 A.2d 1037, 25 Conn. App. 446, 1991 Conn. App. LEXIS 282 (Colo. Ct. App. 1991).

594 A.2d 1037 (Madrid Corp. v. Inland Wetlands Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ryan v. Inland Wetland Agency, No. Cv97-0142828s (Jul. 15, 2002)
2002 Conn. Super. Ct. 8914 (Connecticut Superior Court, 2002)
River Bend v. Conservation Commission, No. Cv 00-0801059s (Mar. 27, 2002)
2002 Conn. Super. Ct. 3366 (Connecticut Superior Court, 2002)
River Bend Assoc. v. Conservation Comm., No. Cv 00-0801059s (Mar. 27, 2002)
2002 Conn. Super. Ct. 3771 (Connecticut Superior Court, 2002)
Eureka v. v. Inland Wetlands Board, No. Cv00-033 93 51 S (Aug. 31, 2001)
2001 Conn. Super. Ct. 12145 (Connecticut Superior Court, 2001)
General Motors Corporation v. Martin, No. Cv 97-569943 (Dec. 16, 1997)
1997 Conn. Super. Ct. 13955 (Connecticut Superior Court, 1997)
Herman v. Redding Conservation Commission, No. 31 43 27 (Aug. 18, 1995)
1995 Conn. Super. Ct. 9447 (Connecticut Superior Court, 1995)
Brt Financial Services C. v. Watertown Planning, No. 0119360 (Apr. 3, 1995)
1995 Conn. Super. Ct. 3529 (Connecticut Superior Court, 1995)
Forsell v. Conservation Commission, No. 31 67 98 (Mar. 31, 1995)
1995 Conn. Super. Ct. 3194 (Connecticut Superior Court, 1995)
Segerson v. Cons. Comm. of the Town of Redding, No. 31 61 00 (Jan. 24, 1995)
1995 Conn. Super. Ct. 284 (Connecticut Superior Court, 1995)
Segerson v. Conservation Commission, No. 31 37 17 (Apr. 26, 1994)
1994 Conn. Super. Ct. 4263 (Connecticut Superior Court, 1994)
Balser v. Environmental Impact Commission, No. 30 77 28 (Dec. 17, 1993)
1993 Conn. Super. Ct. 11024 (Connecticut Superior Court, 1993)
Hartford Fire Ins. Co. v. Marsala, No. Cv92 0039597 S (Jan. 25, 1993)
1993 Conn. Super. Ct. 666 (Connecticut Superior Court, 1993)
Goss v. Town of Guilford, No. Cv 92-0327006 S (Nov. 17, 1992)
1992 Conn. Super. Ct. 10286 (Connecticut Superior Court, 1992)
Rivezzi v. N. Brand. Inlands Wet. Agy., No. Cv91 32 37 17, (Sep. 23, 1992)
1992 Conn. Super. Ct. 8955 (Connecticut Superior Court, 1992)
Pacitti v. Vernon Inland Wetlands Comm'n, No. Cv91 47290 S (Sep. 4, 1992)
1992 Conn. Super. Ct. 8469 (Connecticut Superior Court, 1992)
Manatuck Associates v. Conservation Commission
614 A.2d 449 (Connecticut Appellate Court, 1992)
Homesite Realty v. Conservation Commission, No. 385623 (Jul. 22, 1992)
1992 Conn. Super. Ct. 6933 (Connecticut Superior Court, 1992)
Hoffman v. Inland Wetlands Commission
610 A.2d 185 (Connecticut Appellate Court, 1992)
Madrid Corp. v. Inland Wetlands Agency
597 A.2d 334 (Supreme Court of Connecticut, 1991)