Nielsen v. State

670 A.2d 1288, 236 Conn. 1, 1996 Conn. LEXIS 22
CourtSupreme Court of Connecticut
DecidedFebruary 6, 1996
Docket15217
StatusPublished
Cited by29 cases

This text of 670 A.2d 1288 (Nielsen v. State) 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
Nielsen v. State, 670 A.2d 1288, 236 Conn. 1, 1996 Conn. LEXIS 22 (Colo. 1996).

Opinions

PETERS, C. J.

The dispositive issue in this appeal is the justiciability of a claim that the General Assembly has wrongfully failed to enact statutory definitions that article third, § 18, of the constitution of Connecticut1 [3]*3expressly requires for the implementation of that constitutional amendment. The plaintiffs, who are citizens and taxpayers of the state, 2 brought suit against the General Assembly and various state officials3 to compel the General Assembly to enact legislation that would implement the constitutional spending cap contemplated by the adoption of article third, § 18. The trial court, concluding that the claim presented by the plaintiffs is nonjusticiable, dismissed the plaintiffs’ amended complaint for lack of subject matter jurisdiction. The plaintiffs appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes §51-199 (c). We affirm the judgment of the trial court.

The history of article third, § 18, begins with the General Assembly’s adoption of House Joint Resolution No. 2054 on August 21, 1991. Public and Special Acts, 1991, [4]*4vol. 4, part 3. The resolution proposed an amendment of article third to enact a spending cap provision that, in the absence of an emergency or extraordinary circumstances, would prohibit the General Assembly from authorizing an increase in general budget expenditures that exceeds the percentage increase in personal income or inflation, whichever is higher. On November 3, 1992, the proposed amendment was duly presented to the electorate for its approval at the general election. On November 25, 1992, the secretary of the state certified that a majority of the voters had approved the amendment, which was designated amendment twenty-eight to the constitution and was subsequently denominated article third, § 18.

Article third, § 18, as approved by the voters, expressly requires the General Assembly to define [5]*5“increase in personal income,” “increase in inflation” and “general budget expenditures” (hereinafter the spending cap terms) in order to implement the spending cap. Conn. Const., art. Ill, § 18 (b). The amendment also expressly provides that these essential definitions may be enacted or amended only by a three-fifths vote in both the Senate and the House of Representatives. Conn. Const., art. Ill, § 18 (b). To date, the General Assembly has not defined the spending cap terms by the required vote.5

The plaintiffs brought suit to compel the General Assembly to define the spending cap terms. The plaintiffs’ amended complaint alleged that the General Assembly has “failed and refused” to define these terms since the electorate approved article third, § 18, at the 1992 general election. The plaintiffs’ prayer for declaratory and injunctive relief sought a judgment that: (1) the General Assembly must define the spending cap terms before it may enact or adopt a budget, interim appropriation tax or other fiscal measure that levies or expends tax revenue; (2) the state and the General Assembly may not allocate and spend funds for general budget expenditures greater than the funds expended for such expenditures in fiscal year 1992-1993 unless and until the General Assembly defines the spending cap terms; and (3) the state treasurer and the state comptroller may not disburse funds for general budget expenditures greater than the funds authorized for such expenditures in fiscal year 1992-1993 unless and until the General Assembly defines the spending cap terms.

The defendants moved to dismiss the plaintiffs’ amended complaint on a number of grounds. They claimed that the trial court lacked subject matter juris[6]*6diction to determine the merits of the case because of sovereign immunity, legislative immunity, mootness and nonjusticiability. The trial court granted the defendants’ motion to dismiss on the basis of nonjusticiability. The trial court held that the language of article third, § 18, evinced a clear textual commitment of exclusive authority to the General Assembly to define the spending cap terms. In light of that textual commitment, the trial court concluded that the dispute presented apolitical question that could not be adjudicated by judicial authority. Additionally, the trial court concluded that it could not provide the relief sought by the plaintiffs without violating constitutional principles of separation of powers.

In this appeal, the plaintiffs claim that the trial court improperly concluded that the dispute is nonjusticiable. Although the plaintiffs concede that article third, § 18, expressly authorizes the General Assembly to define the spending cap terms, they argue that the power to define these terms is not textually committed to the General Assembly. They further argue that a court can provide them with an appropriate remedy either in the ways articulated in their prayer for relief or, if the General Assembly nevertheless fails to define the spending cap terms, by having the court itself define these terms. We disagree with both of the plaintiffs’ arguments.6

The principles that underlie justiciability are well established. “Justiciability requires (1) that there be an actual controversy between or among the parties to the dispute ... (2) that the interests of the parties be adverse ... (3) that the matter in controversy be capable of being adjudicated by judicial power . . . and (4) that the determination of the controversy will [7]*7result in practical relief to the complainant.” (Citations omitted.) State v. Nardini, 187 Conn. 109, 111-12, 445 A.2d 304 (1982); Pellegrino v. O’Neill, 193 Conn. 670, 674, 480 A.2d 476, cert. denied, 469 U.S. 875, 105 S. Ct. 236, 83 L. Ed. 2d 176 (1984). The third requirement for justiciability, the political question doctrine, is based on the principle of separation of powers. Nielsen v. Kezer, 232 Conn. 65, 75, 652 A.2d 1013 (1995); Pellegrino v. O’Neill, supra, 680. “The characterization of [an issue] as political is a convenient shorthand for declaring that some other branch of government has constitutional authority over the subject matter superior to that of the courts.” Pellegrino v. O’Neill, supra, 680. “The fundamental characteristic of a political question, therefore, is that its adjudication would place the court in conflict with a coequal branch of government in violation of the primary authority of that coordinate branch. Baker v. Carr, [369 U.S. 186, 217, 82 S. Ct. 691, 7 L. Ed. 2d 663 (1962)].” Nielsen v. Kezer, supra, 74.

“Whether a controversy so directly implicates the primary authority of the legislative or executive branch, such that a court is not the proper forum for its resolution, is a determination that must be made on a case-by-case inquiry.” Id., 74-75.

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

Related

U.S. Bank National Assn. v. Rothermel.
339 Conn. 366 (Supreme Court of Connecticut, 2021)
98 Lords Highway, LLC v. One Hundred Lords Highway, LLC
54 A.3d 232 (Connecticut Appellate Court, 2012)
Roger Sherman Liberty Center, Inc. v. Williams
28 A.3d 1026 (Connecticut Superior Court, 2011)
Connecticut Coalition for Justice in Education Funding, Inc. v. Rell
990 A.2d 206 (Supreme Court of Connecticut, 2010)
Costantino v. Skolnick
988 A.2d 257 (Supreme Court of Connecticut, 2010)
184 Windsor Avenue, LLC. v. State
875 A.2d 498 (Supreme Court of Connecticut, 2005)
McCulloch v. Hartford Life & Accident Insurance
363 F. Supp. 2d 169 (D. Connecticut, 2005)
Office of the Governor v. Select Committee of Inquiry
858 A.2d 709 (Supreme Court of Connecticut, 2004)
Milford Power Co v. Alstom Power, Inc.
822 A.2d 196 (Supreme Court of Connecticut, 2003)
Yennie v. State, No. Cv-02-0820579s (Nov. 29, 2002)
2002 Conn. Super. Ct. 15330-i (Connecticut Superior Court, 2002)
Seymour v. Region One Board of Education
803 A.2d 318 (Supreme Court of Connecticut, 2002)
Board of Education v. Town & Borough
778 A.2d 862 (Supreme Court of Connecticut, 2001)
O'Halloran v. Charlotte Hungerford Hospital
776 A.2d 514 (Connecticut Appellate Court, 2001)
Odesmith v. Saint, No. Cv00 0081711 S (May 22, 2000)
2000 Conn. Super. Ct. 6029 (Connecticut Superior Court, 2000)
Sosin v. Scinto, No. Cv 97-0402662 S (Apr. 2, 1998)
1998 Conn. Super. Ct. 4756 (Connecticut Superior Court, 1998)
Pamela B. v. Ment
709 A.2d 1089 (Supreme Court of Connecticut, 1998)
Fontanella v. Chrysler Corporation, No. Cv94-0364764 (Nov. 4, 1997)
1997 Conn. Super. Ct. 11233 (Connecticut Superior Court, 1997)
State v. Sebastian
701 A.2d 13 (Supreme Court of Connecticut, 1997)
City of Bridgeport v. Town of Stratford, No. Cv 89 0257140 (Jul. 21, 1997)
1997 Conn. Super. Ct. 7324 (Connecticut Superior Court, 1997)
Tobin v. Conn. Housing Fin. Auth., No. Lpl-Cv-92-333231s (Jun. 17, 1997)
1997 Conn. Super. Ct. 6741 (Connecticut Superior Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
670 A.2d 1288, 236 Conn. 1, 1996 Conn. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-state-conn-1996.