Seramonte Associates, LLC v. Hamden (Concurrence)

CourtSupreme Court of Connecticut
DecidedOctober 18, 2022
DocketSC20571
StatusPublished

This text of Seramonte Associates, LLC v. Hamden (Concurrence) (Seramonte Associates, LLC v. Hamden (Concurrence)) 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
Seramonte Associates, LLC v. Hamden (Concurrence), (Colo. 2022).

Opinion

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ECKER, J., with whom McDONALD, J., joins as to parts I and II only, concurring in the judgment. The verb ‘‘submit’’ has multiple meanings, including two very different ones: ‘‘to send’’ and ‘‘to present or deliver.’’ The majority holds that, as used in General Statutes § 12-63c (a), the word ‘‘submit’’ unambigu- ously means to present or deliver rather than to send. I cannot agree. To the contrary, the word itself is ambig- uous—indeed, archetypically so—and this intrinsic ambiguity is only heightened, not removed, by reference to other subsections of § 12-63c and other arguably related statutes. The real question in this case is not whether the statute is ambiguous but how that ambigu- ity should be resolved. That question is answered by resort to the usual tools of statutory construction, which, in this case, lead me to the same result reached by the majority. I write separately because methodology in statutory interpretation is important. At the end of the day, I agree with the majority that § 12-63c should be construed to impose a delivery based deadline and, thus, required the plaintiff, Seramonte Associates, LLC, to deliver the relevant information to the defendant, the town of Hamden, on or before June 1, 2016. As I explain in greater detail in part I of this opinion, I do not reach this result because the statute contains clear and unambiguous language permitting no other conclusion. Indeed, I consider the statutory language in this regard to be opaque and unilluminating. Rather, as explained in part II of this opinion, I arrive at this result, not because the legislature has com- manded it in unambiguous terms, but because it is the better, more reasonable construction of § 12-63c in light of that statute’s manifest purpose, which, in my estima- tion as a judge, the legislature would have concluded is best achieved by construing the deadline in such a manner. My assessment in this regard is in harmony with the policy considerations expressed by the major- ity, with only one difference: I do not attribute the policy choice made interpretively by this court to emanate from an unambiguous legislative directive. Instead, it comes from my own assessment of what result best comports with the legislative objective underlying § 12- 63c, as aided by the relevant legislative history. I make two concluding observations in part III of this opinion about statutory construction that can be learned from this case. I Section 12-63c employs the verb ‘‘submit’’ repeatedly to describe what is required of a taxpayer subject to the statute’s terms. Subsection (a) requires the owner of real property used primarily for purposes of producing income to ‘‘annually submit to the assessor not later than the first day of June, on a form provided by the assessor not later than forty-five days before said first day of June, the best available information disclosing the actual rental and rental-related income and operating expenses applicable to such property. . . .’’ (Emphasis added.) General Statutes § 12-63c (a). Sub- section (d) imposes a penalty on any owner who fails to comply with the statutory requirement: ‘‘Any owner of such real property required to submit information to the assessor in accordance with subsection (a) of this section for any assessment year, who fails to sub- mit such information as required under said subsection (a) . . . shall be subject to a penalty equal to a ten per cent increase in the assessed value of such property for such assessment year. . . .’’ (Emphasis added.) General Statutes § 12-63c (d). The search for statutory ambiguity—the threshold inquiry that has become the predominant focus of statu- tory construction since the enactment of General Stat- utes § 1-2z—must begin with a definition of what ambiguity means in this context. Emphatically, the search for ambiguity is not a merits inquiry, and a court must not jump the gun to assess, at this threshold stage, which is the better or stronger interpretation of an ambig- uous term. The only question is whether there is more than one plausible interpretation of the statute. As we recently explained, ‘‘although there must be more than one reasonable interpretation of a statute in order for it to be considered ambiguous, those interpretations need not be necessarily strong or have a high probability of success. Put differently, a statute is plain and unam- biguous when the meaning . . . is so strongly indi- cated or suggested by the [statutory] language . . . that . . . it appears to be the meaning and appears to preclude any other likely meaning. . . . [I]f the text of the statute at issue . . . would permit more than one likely or plausible meaning, its meaning cannot be said to be plain and unambiguous.’’ (Emphasis in original; internal quotation marks omitted.) Ledyard v. WMS Gaming, Inc., 338 Conn. 687, 698 n.6, 258 A.3d 1268 (2021); see State v. Felix R., 319 Conn. 1, 24–25, 124 A.3d 871 (2015) (McDonald, J., concurring) (‘‘Under our rules of statutory construction, an ambiguity arises whenever statutory language is subject to more than one plausible interpretation. . . . Ambiguity, as a mat- ter of statutory construction, does not require two or more equally reasonable interpretations.’’ (Citations omit- ted; emphasis in original.)). It is impossible not to find ambiguity in the use of the word ‘‘submit,’’ as it appears in § 12-63c. Indeed, the ambiguity exists at three levels. First, the word ‘‘submit’’ itself conveys multiple different meanings. Second, the word ‘‘submit,’’ as used in § 12-63c, retains that ambiguity; the statute does not provide contextual aid that serves to eliminate either of the textually plausi- ble interpretations. Third, reference to other statutes using the same, similar, or alternative language also fails to resolve the ambiguity. Section 12-63c, which requires a taxpayer annually to ‘‘submit’’ certain information to the assessor and penalizes the taxpayer for noncompliance, is pregnant with ambiguity for the simple reason that the word ‘‘submit’’ can mean either to send or to deliver. The dictionary definition of the word gives both meanings in a single entry: ‘‘to send or commit for consideration, study, or decision . . . .’’ Webster’s Third New Interna- tional Dictionary (2002) p. 2277. Indeed, some courts have found that the word ‘‘submit’’ means precisely what the majority says is not a plausible meaning, i.e., ‘‘to send.’’ In In re Youhoing, 843 Fed. Appx. 248 (11th Cir.

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