Mangiafico v. State Board of Education

53 A.3d 1066, 138 Conn. App. 677, 2012 WL 4872745, 2012 Conn. App. LEXIS 477
CourtConnecticut Appellate Court
DecidedOctober 23, 2012
DocketAC 33121
StatusPublished
Cited by4 cases

This text of 53 A.3d 1066 (Mangiafico v. State Board of Education) 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
Mangiafico v. State Board of Education, 53 A.3d 1066, 138 Conn. App. 677, 2012 WL 4872745, 2012 Conn. App. LEXIS 477 (Colo. Ct. App. 2012).

Opinion

Opinion

ESPINOSA, J.

The self-represented plaintiff, Enrico Mangiafico,1 appeals from the judgment of the Superior [680]*680Court dismissing his appeal from the determination of an impartial hearing board, appointed by the defendant, the state board of education,2 that his children were not residents of Farmington and, therefore, were not entitled to free school accommodations in Farmington. The plaintiff claims that the court’s dismissal of his appeal was improper because the impartial hearing board incorrectly determined that (1) his children were not residents of Farmington at the time of the hearing; (2) there was no exception to the residency requirement for displacement due to natural disaster; (3) the defendant was not estopped from claiming on the basis of residency that his children were not entitled to free school accommodations; and (4) certain evidence, which the plaintiff obtained through Freedom of Information Act3 requests, should not be admitted into evidence.4 We affirm the judgment of the Superior Court.

[681]*681The following facts as found by the impartial hearing board are relevant to our consideration of this appeal. In December, 2005, the plaintiff purchased a residence in Farmington (Farmington property), and he, along with his wife and children, began occupying the Farm-ington property in February, 2006. The plaintiffs family maintained significant contacts with Farmington and acted in a manner consistent with an intent to remain Farmington residents. They received mail at the Farm-ington property, paid taxes on the property and listed the property’s address on their motor vehicle registrations. The plaintiff worked in Farmington and the family attended church there.

In April, 2006, additional construction commenced on the Farmington property, and the plaintiff and his family moved back to property that the plaintiff owned in New Britain (New Britain property), where they had been residing continuously since at least 1996 until February, 2006. The plaintiff intended to lease this property beginning in July, 2006, and had executed a written lease with a prospective tenant. The plaintiff intended to move back to the Farmington property upon the completion of the construction.

In June, 2006, heavy rain caused structural damage to the Farmington property, rendering it uninhabitable. The plaintiff attempted to obtain insurance proceeds to complete necessary repairs to the property, but the insurance company refused to distribute such proceeds. Because his family could not return to the Farmington property, the plaintiff cancelled the lease with the prospective tenant for the New Britain property, and he [682]*682and his family continued to reside at the New Britain property.

In September, 2007, the plaintiffs children began attending school in Farmington. After receiving a complaint that the children were not residing in Farmington, the school board conducted an investigation. Through the investigation, the school board learned that the children were residing in New Britain. On January 8, 2009, the school board notified the plaintiff that his children were not residents of Farmington and, therefore, would not be permitted to attend school in Farmington after January 9, 2009.

At the plaintiffs request, the school board held a hearing on this matter on February 24, 2009. At the time of the hearing, the plaintiff was pursuing litigation against his insurance company over its refusal to distribute insurance proceeds, and the Farmington property remained uninhabitable. The Farmington property was placed on the blighted building list on January 14, 2009, and it was still on this fist at the time of the hearing. Although the plaintiff intended to return to the property, at the time of the hearing it was not known when that would occur.

On March 3,2009, the school board issued its decision that, under its policies, the plaintiffs children were not residents of Farmington and were not entitled to free school accommodations. On March 19, 2009, the plaintiff filed a timely appeal of this decision with the defendant. The impartial hearing board (hearing board), established by the defendant,5 held a hearing on May [683]*68318, 2009, and issued its decision on May 29, 2009. The hearing board determined that the children were not residents of Farmington because they were not actually residing in the district. Rather, the hearing board determined that the children were residents of New Britain. Therefore, the hearing board held that they were not entitled to free school accommodations in Farmington.

On July 20,2009, the plaintiff appealed from the determination of the hearing board to the Superior Court. Preliminarily, the court noted that the plaintiff was not disputing the facts found by the hearing board; rather, the plaintiff was attempting to distinguish the facts in the present case from those in decisions of the defendant on which the hearing board had relied. Reviewing the hearing board’s findings under the substantial evidence rule, the court determined that the hearing board properly had considered the facts in the record, including evidence supporting a finding that the plaintiff and his family had ties to Farmington. The court agreed with the hearing board that an intent to return to the district, upon which the plaintiff relied, was not a proper basis for a finding of residency and that an indefinite absence of the plaintiff’s family from Farmington defeated the plaintiffs claim that he and his family were residents of Farmington. Accordingly, the court dismissed the plaintiffs appeal. This appeal followed. Additional facts will be set forth as necessary.

“In accordance with the Uniform Administrative Procedure Act, General Statutes §§ 4-166 through 4-189, we review an administrative agency’s decision for abuse of discretion to determine whether there is substantial evidence in the administrative record to support the agency’s findings of basic fact and whether the conclusions drawn from those facts are reasonable.” (Internal quotation marks omitted.) Connecticut Motor Cars v. Commissioner of Motor Vehicles, 300 Conn. 617, 621-22, 15 A.3d 1063 (2011). “With regard to questions of [684]*684fact, it is neither the function of the trial court nor of this court to retry the case or to substitute its judgment for that of the administrative agency. . . . Even as to questions of law, [t]he court’s ultimate duty is only to decide whether, in light of the evidence, the [agency] has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion.” (Internal quotation marks omitted.) Lash v. Freedom of Information Commission, 300 Conn. 511, 517, 14 A.3d 998 (2011).

“Under this standard, the [c]onclusions reached by [the agency] must be upheld by the [reviewing] court if they are reasonably supported by the record. The credibility of the witnesses and the determination of issues of fact are matters solely within the province of the [agency]. . . . The question is not whether the [reviewing] court would have reached the same conclusion . . . but whether the record before the [agency] supports the decision reached. ...

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Cite This Page — Counsel Stack

Bluebook (online)
53 A.3d 1066, 138 Conn. App. 677, 2012 WL 4872745, 2012 Conn. App. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mangiafico-v-state-board-of-education-connappct-2012.