Monroe v. Middlebury Conservation Commission

447 A.2d 1, 187 Conn. 476, 1982 Conn. LEXIS 545
CourtSupreme Court of Connecticut
DecidedJune 29, 1982
StatusPublished
Cited by49 cases

This text of 447 A.2d 1 (Monroe v. Middlebury Conservation Commission) 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
Monroe v. Middlebury Conservation Commission, 447 A.2d 1, 187 Conn. 476, 1982 Conn. LEXIS 545 (Colo. 1982).

Opinions

Parskey, J.

On April 22, 1980, the named plaintiff, as nominee for a partnership known as “Aqua-venture,” submitted an application to the defendant Middlebury conservation commission for final review of a proposal to install two recharge basins, commonly referred to as aquifers, in 32 ± acres of land owned by the plaintiffs in Middlebury, a por[478]*478tion of which land is subject to regulation as an inland wetland. The conservation commission is designated as the inland wetland agency for the town of Middlebury. The installation of these basins would permit the plaintiffs to test the potential yield of some twenty-six wells previously installed on the subject property in 1979 with the prior permission of the conservation commission.

The creation of these basins requires removal of some 92,700 cubic yards of sand and gravel. An application for an earth removal permit was duly filed with the Middlebury planning and zoning commission on or about February 7, 1980.

The defendant William P. Longo is the first selectman of the town of Middlebury. By letter dated March 21, 1980 from William J. Buckley, Sr., sanitary engineer of the state department of health services, Longo was informed that in 1978 the department had given conceptual approval to the proposed well field as a possible source of water for the Watertown water and sewer authority. Longo, by letter dated April 11, 1980, responded that he was surprised by the state action and informed Buckley that the proposed watershed lies within the jurisdiction of the Pomperaug Valley water authority and that, in the opinion of the Middlebury town attorney, proper application would have to be made to the water authority, the conservation commission, and the planning and zoning commission. Longo sent a copy of the correspondence to the conservation commission which thereupon sought an opinion from the town attorney.

By letter dated March 20,1980, the water authority, acting through its attorney, advised the named [479]*479plaintiff that he was not entitled to process his application "before either the conservation or zoning commission until he had taken the steps mandated by the charter of the water authority. A letter, dated May 6, 1980, to the same effect was sent by the Middlebury town attorney to the plaintiffs’ attorney.

Upon refusal of the several commissions to process the plaintiffs’ applications until the plaintiffs had processed their application before the water authority, the plaintiffs sought an injunction to compel the conservation commission to conduct a public hearing on the plaintiffs’ application for recharge basins, to compel the zoning commission to conduct a public hearing on the plaintiffs’ application for an earth removal permit, and to restrain the water authority from interfering with the plaintiffs’ right to a public hearing before the conservation commission and the defendant Longo from interfering with the plaintiffs’ right to a public hearing before both commissions. The trial court found that the plaintiffs were entitled to the claimed hearings, granted injunctive relief accordingly, and the defendants appealed.

In their appeal, the defendants claim: (1) that the plaintiffs should have been required to seek a writ of mandamus against both commissions; (2) that the trial court erred in concluding that the plaintiffs were not required to process their application first with the water authority; and (3) that there was no factual basis for the issuance of an injunction against Longo.

[480]*480I

The Mandamus Alternative

We first consider the defendants’ contention that a mandatory injunction should not have been issued because of the availability of an adequate remedy at law, to wit, a writ of mandamus. Both mandamus and mandatory injunction are extraordinary remedies. “ ‘The writ of mandamus is an extraordinary remedy to be applied only under exceptional conditions, and is not to be extended beyond its well-established limits.’ Lahiff v. St. Joseph’s Total Abstinence [and Benevolent] Soc., 76 Conn. 648, 651, 57 A. 692 [1904].” Milford Education Assn. v. Board of Education, 167 Conn. 513, 518, 356 A.2d 109 (1975). “Relief by way of mandatory injunction is an extraordinary remedy granted in the sound discretion of the court and only under compelling circumstances.” Simmons v. Budds, 165 Conn. 507, 515, 338 A.2d 479 (1973), cert. denied, 416 U.S. 940, 94 S. Ct. 1943, 40 L. Ed. 2d 291 (1974). Ordinarily, an injunction will not lie where there is an adequate remedy at law. Hartford v. American Arbitration Assn., 174 Conn. 472, 476, 391 A.2d 137 (1978). Ordinarily, mandamus will not lie where the aggrieved party has an adequate remedy either at law or in equity. Milford Education Assn. v. Board of Education, supra, 519 ; State ex rel. Howard v. Hartford Street Ry. Co., 76 Conn. 174, 184, 56 A. 506 (1903). Mandamus is not only “generally viewed as a remedy at law”; Stolberg v. Caldwell, 175 Conn. 586, 613, 402 A.2d 763 (1978); but usually it is also the appropriate remedy in situations where: (1) the duty to be performed is ministerial; (2) the party applying for the writ has a clear legal right to have the duty performed; and (3) there [481]*481is no other sufficient remedy. Milford Education Assn. v. Board of Education, supra, 518. There are situations, however, where the use of one remedy rather than the other involves a matter of semantics. Bissey v. Marion, 104 Kan. 311, 178 P. 611 (1919) ; annot., 93 A.L.R. 1495, 1503 and cases cited therein; 42 Am. Jur. 2d, Injunctions § 43. “If the [plaintiff] is entitled to relief, it is not of great importance whether we grant the relief by way of the legal writ of mandamus or the equitable remedy of injunction or by a combination of both.” In re Alexander, 243 A.2d 901, 903 (D.C. App. 1968).

The result would be the same were we to test the appropriateness of equitable relief on the basis of the adequacy of mandamus. The complaint, which is in four counts, alleges that the conservation and the planning and zoning commissions have refused to hold public hearings on the plaintiffs’ application to install recharge basins in areas subject to their jurisdiction because of the plaintiffs’ failure to obtain prior approval of their plan from the water authority. It also alleges that the water authority and the defendant Longo improperly interfered with the plaintiffs’ right to public hearings before the two commissions. It is apparent from even a cursory perusal of the complaint that, if the plaintiffs could prove their allegations, mandamus could not afford them complete relief. So long as the water authority, with some reasonable basis, maintained that it had superior authority in matters involving potential depletion of water resources and that therefore no hearing should be held by the other bodies until the water authority had given its approval to the plaintiffs’ application, any relief provided by mandamus would be inadequate. Any action taken by the commissions [482]

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

Related

Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority
203 A.3d 1224 (Supreme Court of Connecticut, 2019)
Cook-Littman v. Bd. of Selectmen of the Town of Fairfield
184 A.3d 253 (Supreme Court of Connecticut, 2018)
Watrous v. Town of Preston
902 F. Supp. 2d 243 (D. Connecticut, 2012)
Lydall, Inc. v. Ruschmeyer
919 A.2d 421 (Supreme Court of Connecticut, 2007)
Cheryl Terry Enterprises, Ltd. v. City of Hartford
854 A.2d 1066 (Supreme Court of Connecticut, 2004)
Rubin v. Wright, No. 398112 (Dec. 30, 2002)
2002 Conn. Super. Ct. 15334-bq (Connecticut Superior Court, 2002)
Franc v. Bethel Holding Co.
807 A.2d 519 (Connecticut Appellate Court, 2002)
Preston v. Dss, No. 122030 (May 15, 2002)
2002 Conn. Super. Ct. 6262 (Connecticut Superior Court, 2002)
United Jewish Ctr. v. Inland Wetlands, No. Cv00 034 03 51 S (Aug. 9, 2001)
2001 Conn. Super. Ct. 10836 (Connecticut Superior Court, 2001)
Hutchings v. Dept. of Economic Comm., No. Cv 00-0597 095 S (Apr. 14, 2000)
2000 Conn. Super. Ct. 4402 (Connecticut Superior Court, 2000)
Hutchings v. Dept., Econ. Comm. Dev., No. Cv 00-0597095 S (Apr. 14, 2000)
2000 Conn. Super. Ct. 5085-dl (Connecticut Superior Court, 2000)
Chesterfield II Condominium v. Rust A., No. Cv 99-0175143 S (Mar. 28, 2000)
2000 Conn. Super. Ct. 3773 (Connecticut Superior Court, 2000)
Pequonnock Yacht Club v. Bridgeport, No. Cv 98 035 50 31 S (Feb. 22, 2000)
2000 Conn. Super. Ct. 2554 (Connecticut Superior Court, 2000)
Boris v. Garbo Lobster Company, Inc., No. 548853 (Dec. 3, 1999)
1999 Conn. Super. Ct. 15655 (Connecticut Superior Court, 1999)
Pamela B. v. Ment
709 A.2d 1089 (Supreme Court of Connecticut, 1998)
Salmon v. State Dept. of Health, No. Cv95 0323809 (Mar. 11, 1998)
1998 Conn. Super. Ct. 3004 (Connecticut Superior Court, 1998)
P.R.I.C.E., Inc. v. Kenney, No. Cv-94-0542469-S (Feb. 25, 1998)
1998 Conn. Super. Ct. 2034 (Connecticut Superior Court, 1998)
Irwin v. Planning & Zoning Commission
694 A.2d 809 (Connecticut Appellate Court, 1997)
Mrosek v. MacPherson, No. Sph 89843 (Apr. 7, 1997)
1997 Conn. Super. Ct. 2273 (Connecticut Superior Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
447 A.2d 1, 187 Conn. 476, 1982 Conn. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-middlebury-conservation-commission-conn-1982.