Savoy Laundry, Inc. v. Town of Stratford

630 A.2d 159, 32 Conn. App. 636, 1993 Conn. App. LEXIS 380
CourtConnecticut Appellate Court
DecidedAugust 24, 1993
Docket11750
StatusPublished
Cited by38 cases

This text of 630 A.2d 159 (Savoy Laundry, Inc. v. Town of Stratford) 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
Savoy Laundry, Inc. v. Town of Stratford, 630 A.2d 159, 32 Conn. App. 636, 1993 Conn. App. LEXIS 380 (Colo. Ct. App. 1993).

Opinion

Daly, J.

The plaintiff, Savoy Laundry, Inc., appeals from the judgment of the trial court dismissing its six count complaint against the United States Department of Housing and Urban Development (HUD), Stratford redevelopment agency (SRA) and the town of Strat-ford, for improperly assessing relocation payments due the plaintiff, and against four individual defendants for negligence, conspiracy and failure to discharge its duties properly. The plaintiff claims that the trial court improperly dismissed the action on the ground that it lacked jurisdiction to hear the matter because the plaintiff had failed to exhaust its administrative remedies under the Uniform Relocation Assistance Act, General Statutes § 8-266 et seq.1 We affirm the judgment of the trial court.

The relevant facts are as follows. In 1973, the defendants SRA and HUD executed an agreement to construct public housing in Stratford. The project, referred to as the Frash Pond urban development project, involved the construction of housing on the location of [638]*638the plaintiff’s laundry and linen supply business at 405-425 Woodend Road in Stratford. The plaintiff leased these premises from the owner, Vazzano Realty Co., Inc. Although the plaintiff and Vazzano Realty are separate corporations, both entities are owned by the same individuals. On October 4,1975, SRA condemned the property for the project in conjunction with the agreement with HUD. In November, 1975, Vazzano Realty was compensated $562,200 for the condemnation of this property pursuant to the Uniform Relocation Assistance and Real Property Policies Act of 1970, 42 U.S.C. § 4601 et seq. Vazzano constructed a new building at 895 Woodend Road and the plaintiff subsequently leased and took possession of the premises late in the summer of 1977. On November 14, 1977, the plaintiff submitted a claim for relocation expenses totaling $189,558.44, but SRA approved only $26,700 of that request.

After a 1980 hearing, the SRA denied Savoy’s request for additional compensation. Savoy appealed this ruling to the HUD regional office, which refused to revise the amount offered by SRA. The plaintiff then filed a federal action under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., against the same defendants involved in this action. The present action was instituted on February 1,1983, and was removed to the United States District Court and consolidated with the federal action on HUD’s motion. On February 28,1985, the District Court granted HUD’s motion for summary judgment dismissing the action against the federal defendants after finding that SRA and HUD had acted in good faith in determining the proper disposition of Savoy’s claim for relocation expenses and after determining that Savoy had already been compensated for the damages sought in the eminent domain proceedings involving Vazzano. The case was remanded [639]*639to the state court because the District Court determined that it lacked subject matter jurisdiction over the remaining state claims. The plaintiff never sought administrative review by the housing commissioner of its grievance that it had not been properly reimbursed for its relocation expenses.

The issue of subject matter jurisdiction was raised in the trial court, which, on September 8,1992, found that it lacked subject matter jurisdiction since the plaintiff had failed to exhaust available administrative remedies. This appeal ensued.

The plaintiff claims that the doctrine of exhaustion of remedies does not apply to the causes of action alleged in its complaint. Specifically, the plaintiff claims that the trial court possessed subject matter jurisdiction because (1) the housing commissioner is authorized to review an agency action relating only to eligibility, and had no authority to hear the claims alleged in the complaint, (2) the relief available in an administrative action was an inadequate remedy because the housing commissioner was not authorized to award the category of damages sought in the trial court action, and (3) the housing commissioner was not authorized to review a decision rendered by HUD.

“Subject matter jurisdiction is the power of the court to hear and determine cases of the general class to which the proceedings in question belong. . . . That determination must be informed by the established principle that every presumption is to be indulged in favor of jurisdiction.” (Citation omitted; internal quotation marks omitted.) LeConche v. Elligers, 215 Conn. 701, 709-10, 579 A.2d 1 (1990). Where the court’s jurisdiction to hear a case is challenged, the court must fully resolve the issue of subject matter jurisdiction before proceeding with the case. Castro v. Viera, 207 Conn. 420, 429, 541 A.2d 1216 (1988). When the court deter[640]*640mines that it does not possess jurisdiction, it must dismiss the case. Silverman v. New Haven, 19 Conn. App. 360, 365, 562 A.2d 562, cert. denied, 212 Conn. 812, 565 A.2d 537 (1989). We have recognized an exception to the exhaustion requirement “where recourse to the administrative process is futile or provides an inadequate remedy. . . . An administrative remedy is futile or inadequate if the agency lacks authority to grant the requested relief.” (Citations omitted.) Payne v. Fairfield Hills Hospital, 215 Conn. 675, 680 n.3, 578 A.2d 1025 (1990).

The plaintiff’s first three claims relate to the adequacy of the administrative remedy. The plaintiff contends that it would have been futile to pursue the administrative remedy provided for in General Statutes § 8-2782 since the commissioner of housing was limited to reviewing the SRA’s decision on eligibility for relocation payments only and since the housing commissioner could not grant the punitive damages and attorney’s fees the plaintiff sought.

“We must examine the complaint to determine whether the [plaintiff was] required to exhaust an administrative remedy before the Superior Court could entertain this action. Whether prior recourse to the agency will be required will depend on the injury alleged and the administrative remedy available.” (Internal quotation marks omitted.) Griswold v. Union Labor Life Ins. Co., 186 Conn. 507, 519, 442 A.2d 920 (1982).

As to the plaintiff’s claim that it would be futile to pursue the remedy provided in § 8-278 since it limits the commissioner of housing to determining the eligi[641]*641bility for relocation payments only, we must consider General Statutes § 8-273 (b) (3) which provides “that any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment,

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Bluebook (online)
630 A.2d 159, 32 Conn. App. 636, 1993 Conn. App. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savoy-laundry-inc-v-town-of-stratford-connappct-1993.