State Ex Rel. Maisano v. Mitchell

231 A.2d 539, 155 Conn. 256, 1967 Conn. LEXIS 545
CourtSupreme Court of Connecticut
DecidedJune 26, 1967
StatusPublished
Cited by21 cases

This text of 231 A.2d 539 (State Ex Rel. Maisano v. Mitchell) 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
State Ex Rel. Maisano v. Mitchell, 231 A.2d 539, 155 Conn. 256, 1967 Conn. LEXIS 545 (Colo. 1967).

Opinion

Ryan, J.

On November 2, 1965, an election was held in the second taxing district of the city of Nor-walk to elect one member to the three-man board of district commissioners in accordance with the provisions of No. 352 of the 1913 Special Acts. 16 Spec. Laws No. 352, p. 1046 § 25, p. 1056 § 57. The two members of the board whose terms did not expire on November 3, 1965, were members of the Democratic party. In the election, the relator, hereinafter referred to as the plaintiff, a candidate and member of the Republican party, polled 872 votes; the *258 respondent, hereinafter referred to as the defendant, a candidate and member of the Democratic party, polled 1884 votes and was declared elected. Since November 3, 1965, the defendant has exercised all rights pertaining to that office. The plaintiff and the defendant were the only candidates seeking the office. By virtue of the defendant’s occupancy of the office, the board is now composed entirely of members of the Democratic party. The plaintiff, having polled the second highest number of votes, claimed that, since the defendant was a Democrat, under the provisions of the minority representation statute, 1 he was unlawfully exercising the powers of the office to the exclusion of the plaintiff, who was the duly elected member of the board.

The question before the trial court was whether the provisions of § 9-167a of the Q-eneral Statutes (Rev. to 1964) apply to the election of district commissioners of the second taxing district of the *259 city of Norwalk. In its memorandum of decision, the trial court decided that the second taxing district is not a political subdivision of the state within the meaning of the statute, that the minority representation statute did not apply, and that the defendant was properly occupying the office. The several special defenses interposed by the defendant were overruled by the trial court, and judgment was rendered for the defendant.

From the decision of the trial court, the plaintiff has appealed to this court. The question before us is whether the second taxing district of the city of Norwalk is a political subdivision of the state within the meaning of § 9-167a. The defendant has not appealed from the action of the trial court in overruling his special defenses. The trial court in its finding concluded that the board of district commissioners possesses and exercises a wide scope of governmental functions comparable to those of a municipality, that the second taxing district is a body politic and corporate created by special act *260 of the General Assembly, that the second taxing district is managed by the board of district commissioners, who are elected at large from the district, that area or geographical representation to the government of the city of Norwalk is not involved, that the second taxing district is a political subdivision of the city but is not a political subdivision of the state, and that § 9-167a has no application to the board of commissioners of the second taxing district.

To determine the question before us, it is necessary to examine various special acts of the General Assembly relating to the second taxing district and the city of Norwalk. In 1913, the cities of Norwalk and South Norwalk, the town of Norwalk and the East Norwalk fire district were consolidated and incorporated into the city of Norwalk. 16 Spec. Laws 1038, No. 352. At the time of this consolidation, the city was divided into five taxing districts. The first comprised the former city of Norwalk; the second, the territory of the former city of South Norwalk; the third, the territory of the former East Norwalk fire district; the fourth, the territory of the first, second and third taxing districts; and the fifth, all the territory of the consolidated city. 16 Spec. Laws 1040, No. 352 §§ 3, 4.

Each of these districts was given certain powers and obligations. The second taxing district was composed of a definite area geographically. All the electors dwelling within the area were constituted a body politic and corporate, capable of suing and being sued, pleading and being impleaded. The district was empowered to hold, purchase, sell and convey any estate, real or personal, to have a common seal, to succeed to and possess all the property, both real and personal, of the former city of South *261 Norwalk, and to succeed to and possess all the rights, powers, franchises, privileges and immunities previously granted to the city of South Nor-walk and to the water commissioners of that city. It succeeded to all the property rights of the city of South Norwalk, was authorized to operate and manage the water system and the electric light and power plant with the same rights and authority as the city of South Norwalk formerly possessed and was subject to the same liabilities as those imposed on the city of South Norwalk. It succeeded to and possesses all the rights and privileges of the city of South Norwalk in respect to the public library and is required to continue to support and maintain it. 16 Spec. Laws 1045, No. 352 § 22.

The act provided for an annual district meeting and for the election of district commissioners, a treasurer and a board of electrical commissioners. Provision was made for the appointment of a district clerk and for the employment of mechanics and laborers necessary to manage, operate, control and keep in repair the real, personal and mixed estate of any district. 16 Spec. Laws 1046, No. 352 §§ 24, 25. Section 26 of the act authorized and empowered the district commissioners to purchase and take conveyances in the name of the district of all lands and property necessary for the purposes of the act; to hold in sufficient quantities the waters of any stream, either within or without the district; to construct suitable dams; to enter upon lands to procure earth, stone or other material for the construction of the dams; to make suitable waste ways for the surplus water of the streams; to change the location of roads or pathways which may be covered by the waters of any reservoirs so formed; to take land for that purpose; to maintain all necessary *262 pipes, pumps and aqueducts; to establish public reservoirs; to erect and maintain hydrants under the direction of the city council; to collect water rents and pay these rents to the treasurer of the district; to appoint directors of the public library; and to exercise any powers which may from time to time be conferred upon them by the district. The electors residing in the second taxing district were liable to taxation by the city to defray the burdens, expenses and liabilities existing against the district prior to the consolidation, and for any liabilities for which the district might become responsible under the act. 16 Spec. Laws 1046, No. 352 §§ 23, 24.

In the consolidation, the city of Norwalk was created out of independent municipalities which, although retaining a great deal of their independence, were also made interdependent on one another for many of the services provided by a municipality. Since 1913, there have been many special acts passed by the legislature amending this original charter and granting certain powers to the second taxing district.

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

Related

Mayfield v. GOSHEN VOLUNTEER FIRE CO., INC.
22 A.3d 1251 (Supreme Court of Connecticut, 2011)
In Re LTV Steel Co., Inc.
264 B.R. 455 (N.D. Ohio, 2001)
Abbels v. Ansonia, No. Cv00-0071070-S (Oct. 19, 2000)
2000 Conn. Super. Ct. 12907 (Connecticut Superior Court, 2000)
Perugini v. Metropolitan District Comm., No. Cv970574373 (Aug. 24, 1998)
1998 Conn. Super. Ct. 1915 (Connecticut Superior Court, 1998)
State v. Chiarizio
514 A.2d 370 (Connecticut Appellate Court, 1986)
Grodis v. Burns
459 A.2d 994 (Supreme Court of Connecticut, 1983)
Estate of Hudson
137 Cal. App. 3d 984 (California Court of Appeal, 1982)
Seattle School District No. 1 v. State
585 P.2d 71 (Washington Supreme Court, 1978)
Anderson v. Ludgin
400 A.2d 712 (Supreme Court of Connecticut, 1978)
State Ex Rel. Gaski v. Basile
381 A.2d 547 (Supreme Court of Connecticut, 1977)
Ago
Florida Attorney General Reports, 1974
Opinion No. 73-327 (1973) Ag
Oklahoma Attorney General Reports, 1973
State Ex Rel. Santaniello v. O'Connor
300 A.2d 485 (Connecticut Superior Court, 1972)
City of Bridgeport v. Agostinelli
316 A.2d 371 (Supreme Court of Connecticut, 1972)
Blanco v. Gangloff
265 A.2d 502 (Connecticut Superior Court, 1970)
George J. Montano v. Richard C. Lee
384 F.2d 172 (Second Circuit, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
231 A.2d 539, 155 Conn. 256, 1967 Conn. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-maisano-v-mitchell-conn-1967.