Ralto Developers, Inc. v. Environmental Impact Commission

594 A.2d 981, 220 Conn. 54, 1991 Conn. LEXIS 383
CourtSupreme Court of Connecticut
DecidedAugust 6, 1991
Docket14155
StatusPublished
Cited by28 cases

This text of 594 A.2d 981 (Ralto Developers, Inc. v. Environmental Impact 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
Ralto Developers, Inc. v. Environmental Impact Commission, 594 A.2d 981, 220 Conn. 54, 1991 Conn. LEXIS 383 (Colo. 1991).

Opinion

Shea, J.

The dispositive issue in this appeal is whether General Statutes § 22a-43 (c)1 authorizes a trial court to approve a proposed withdrawal or settlement of an appeal from a decision of an inland wetlands agency when not all the parties have agreed to that proposed withdrawal or settlement. We conclude that the statute does not permit such approval without the [56]*56consent of all parties to the appeal and accordingly reverse the judgment of the trial court.

The court reasonably could have found the following facts. The plaintiff, Ralto Developers, Inc. (Ralto), owned a tract of land in Danbury. Ralto filed an application with the named defendant, the environmental impact commission of the city of Danbury (commission), acting as the inland wetlands agency of the city, for permission to conduct a regulated activity on its land,2 related to the construction of a subdivision of fifty-one dwellings. After holding a series of public hearings, the commission denied the application on July 12, 1989. Ralto appealed to the Superior Court contesting the denial of its application. The defendant, Tarrywile Neighbors for Sensible Development Association (association), made a motion to intervene and become a party to this appeal, which the court, West, J., granted.

While that administrative appeal was pending, Ralto filed a second application with the commission.3 The association filed a notice of intervention in the application proceedings, pursuant to § 22a-20 of the Connecticut Environmental Protection Act, General Statutes §§ 22a-14 through 22a-20. After another round of hearings, the commission denied the second application on December 18, 1989. Ralto filed a second administrative appeal to the Superior Court, contesting the denial of its second application.

Meanwhile, in September, 1989, Ralto had brought an action against the individual members of the commission pursuant to 42 U.S.C. §§ 1983 and 1988 claiming damages for an unconstitutional taking of its property resulting from the denial of the first applica[57]*57tion. While this action and the administrative appeals were pending, the commission held four executive sessions commencing in February, 1990, to consider the possibility of settling all this litigation. A proposed stipulation for judgment was eventually drafted and circulated to all parties. A public hearing was held to solicit comments on the proposed stipulation. The stipulation, as ultimately revised, provided for granting a wetlands permit to Ralto to construct a road affording access to its property but imposed numerous conditions as a prerequisite. On June 26, 1990, a motion for judgment in accordance with the stipulation was filed in Danbury Superior Court, pursuant to § 22a-43 (c). The court, Moraghan, J., declined to grant the motion because the association was not then a party to the second administrative appeal.

Later, the court, Karazin, J., granted a motion filed by the association to intervene and become a party to the second administrative appeal and the court, West, J., granted its motion to consolidate the two appeals. Thereafter, Ralto filed a motion to reargue its motion for judgment in accordance with the stipulation and submitted a modified proposed stipulation. After two days of hearings, at which the association objected continually to the terms of the proposed stipulation, the court, Karazin, J., rendered judgment in accordance with the stipulation on August 3, 1990. The effect of the judgment was to withdraw Ralto’s § 1983 action and its first administrative appeal, and to settle the second appeal as provided in the stipulation. The association has appealed from the judgment, raising three issues: (1) whether a trial court may approve the withdrawal and settlement of an appeal from a decision of an inland wetlands agency pursuant to § 22a-43 (c) when an intervening party refuses to consent to the agreement reached between the agency and the applicant devel[58]*58oper; (2) whether the court used proper criteria as a standard of review and correctly allocated the burden of proof in conducting the proceeding required for approval of the settlement of such an appeal; and (3) whether the court’s approval of the settlement is adequately supported by the record of the proceeding. We address only the first issue and conclude that § 22a-43 (c) requires the consent of all parties to an appeal before the court may approve a settlement withdrawing an appeal from a decision of an inland wetlands agency when the settlement agreement modifies the decision of that agency. This determination makes it unnecessary to consider the other issues, nor would a discussion of them be likely to serve any useful purpose related to further trial court proceedings.

The association concedes that it did not raise the claim that § 22a-43 (c) does not authorize the stipulated judgment rendered by the court without its consent to the settlement until September 27,1990, when it filed a motion for articulation in the course of appealing from the judgment. The issue was not raised in its memorandum opposing Ralto’s motion for a stipulated judgment that was presented to the court after the hearing that preceded the rendition of judgment on August 3, 1990. The motion for articulation contained one paragraph requesting clarification of “how the [cjourt could have approved the settlement of one administrative appeal and withdrawal of a second administrative appeal, when one of the parties to both administrative appeals did not agree to said settlement and withdrawal.” The court denied that paragraph of the motion explicitly.

“The supreme court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial.” Practice Book § 4185. The association’s motion for articulation, pointing to [59]*59the absence of its consent, having been filed long after judgment, cannot be deemed to have satisfied the requirement of this rule that claims be “distinctly raised at trial.”

The rule provides further, however, that “[t]he supreme court may in the interests of justice notice plain error not brought to the attention of the trial court.” Practice Book § 4185. It is only in rare cases that this exception to the requirement for seasonable assertion of claims in the trial court may be invoked. “Such review is reserved for truly extraordinary situations where the existence of the error is so obvious that it affects the fairness and integrity of and public confidence in the judicial proceedings.” State v. Hinckley, 198 Conn. 77, 87-88, 502 A.2d 388 (1985). “We have noticed plain error in the failure of a trial court to apply a clearly relevant statute to the case before it.” Id., 88; State v. Burke, 182 Conn. 330, 331-32, 438 A.2d 93 (1980); Hartford Federal Savings & Loan Assn. v. Tucker, 181 Conn. 607, 609, 436 A.2d 1259, reh. denied, 449 U.S. 956, 101 S. Ct. 363, 66 L. Ed. 2d 221 (1980).

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Bluebook (online)
594 A.2d 981, 220 Conn. 54, 1991 Conn. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralto-developers-inc-v-environmental-impact-commission-conn-1991.