Trap Falls Realty Holding Ltd. Partnership v. Board of Tax Review of Shelton

612 A.2d 814, 29 Conn. App. 97, 1992 Conn. App. LEXIS 352
CourtConnecticut Appellate Court
DecidedSeptember 8, 1992
Docket10872
StatusPublished
Cited by55 cases

This text of 612 A.2d 814 (Trap Falls Realty Holding Ltd. Partnership v. Board of Tax Review of Shelton) 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
Trap Falls Realty Holding Ltd. Partnership v. Board of Tax Review of Shelton, 612 A.2d 814, 29 Conn. App. 97, 1992 Conn. App. LEXIS 352 (Colo. Ct. App. 1992).

Opinion

Norcott, J.

The plaintiffs, Trap Falls Realty Holding Limited Partnership (partnership) and Trap Falls Development Corporation (corporation) appeal from the [98]*98trial court’s dismissal of their appeal to that court regarding the assessment of their property for the assessment year commencing October 1,1990. Specifically, the plaintiffs claim that the trial court improperly granted the defendant’s motion to dismiss because, inter alia, it was not brought within the two month period specified in Public Acts 1990, No. 90-266, § 4.1 We reverse the judgment of the trial court.

The following facts are relevant to the disposition of this appeal. On October 1, 1990, the partnership owned real property at 2 Trap Falls Road in Shelton. The corporation acquired this property from the partnership on December 12, 1990. Pursuant to an instrument dated February 22, 1991, and titled “Agent Authorization,” the corporation authorized Tenenbaum-Hill Associates, Inc. (Tenenbaum), to act as its agent in “assessment matters related to all property [it] owned, possessed or controlled.” After the assessor valued the property, the agent, Michael Miaño, who was a Tenenbaum employee, filled out the requisite form to appeal the assessment to the defendant. In the space designated “Mail To,” Miaño wrote “See above.” This referred to another space on the form titled “Location,” where Miaño provided two addresses — that of the property, “Trap Falls Road and Bridgeport Ave.,” and that of the agent, “c/o Tenenbaum & Associates, Inc., 50 Columbus Blvd., Hartford, Ct. 06106.”

[99]*99The plaintiffs filed their appeal to the defendant board on February 26,1991, pursuant to General Statutes § 12-112. The defendant decided the appeal that . same day and mailed notice of its rejection of the appeal to the plaintiffs on March 5, 1991, to the property address Miaño had provided on the form. Ultimately, the plaintiffs appealed the defendant’s decision to the trial court. The plaintiffs served the defendant on May 6,1991, and filed their appeal on May 8, 1991, a date beyond the two month limitation for such appeals. Thereafter, the trial court, finding a lack of subject matter jurisdiction, dismissed the plaintiffs’ appeal on the basis of its untimely filing.2 It is from that decision that the plaintiffs now appeal.

The principal question the plaintiffs raise is whether the defendant is mandated to send notice of its decision to the agent of an aggrieved property owner, rather than to the property owner pursuant to General Statutes § 12-111,3 once the agent has appeared before the defendant and indicated that notice is to be mailed to him. The plaintiffs urge that we interpret our statutory scheme of appeal and notice to and from the boards of tax review in our state to require that an agent be sent notice of the board’s decision after the agent, on behalf of his principal, the nonappearing property owner, has presented the appeal and requested that notice be mailed to the agent.

[100]*100In their argument to the trial court on the defendant’s motion to dismiss, the plaintiffs stressed that their interpretation of § 12-111 should prevail because they did not receive notice of the defendant’s decision until very late in the two month appeal period. The court rejected that argument, holding that the plaintiffs “could have inquired as to the defendant’s decision one week after the decision was made. See General Statutes § 12-111 (board of tax review must report determinations of appeals in writing within one week after the determination).” As a prefatory matter, we agree with the plaintiffs, for the reasons stated herein, that the relevant statutes at issue do not impose on an aggrieved property owner any inquiry requirement. Further, we disagree with the defendant’s claim that a board of tax review satisfies its statutory obligations when it mails notice of its decision to the address of the property owner, even if an agent or an attorney has appeared on behalf of that property owner at the hearing before the board.

We first note that the question before this court is one of first impression in Connecticut. Section 12-111 is silent with respect to the specific question at issue here. When there appears to be an ambiguity in a statute, “ ‘we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principle governing the same general subject matter.’ ” United Illuminating Co. v. Groppo, 220 Conn. 749, 756, 601 A.2d 1005 (1992), quoting Texaco Refining & Marketing, Inc. v. Commissioner, 202 Conn. 583, 589, 522 A.2d 771 (1987).

Section 12-111 provides in pertinent part that a board of tax review must give written notice to “any person . . . claiming to be aggrieved by the doings of the assessors . . . within one week after such determi[101]*101nation” of that person’s appeal. For purposes of our statutes relating to assessment and collection of taxes, including § 12-111, “person” is defined to include a fiduciary such as an agent. See General Statutes § 12-1.4 It is clear that an agent or attorney may appear on behalf of an aggrieved property owner before a board of tax review. See Lerner Shops of Connecticut, Inc. v. Waterbury, 151 Conn. 79, 83, 193 A.2d 472 (1963).5 In this case, there is absolutely no question that the plaintiffs owned the property, that the agency was genuine and that the agent appeared before the defendant. After the hearing on the motion to dismiss, the trial court made a factual finding that the agent, Tenenbaum, had specified that notice of the defendant’s decision was to be mailed to the agent’s address.6 The question thus becomes whether the trial court correctly concluded that the defendant fulfilled its duties under § 12-111 when it sent notice of its decision to the property owner at the address of the property location in spite of the agent’s instructions to the contrary.

The crux of the defendant’s argument is that the “person” § 12-111 refers to is exclusively the person claiming to be aggrieved by the assessor’s doings. This reading of the statute, however, does not comport with [102]*102a reading of other sections of the statutory scheme regarding taxation and assessment where the legislature has specifically provided for such exclusivity. The legislature has, for example, identified several instances when the board is specifically required to mail notices to specific addresses. See, e.g., General Statutes § 12-111 (notification to an aggrieved person “addressed to him at the town in which he resides” where the board increases the list or adds to a person’s assessment); see also General Statutes § 12-115 (notification to a property owner mailed “at his last known address,” where the board makes a supplemental list). In this situation, the legislature could have, but chose not to, make the address of the owner the exclusive mailing address for notice of the decision.

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Bluebook (online)
612 A.2d 814, 29 Conn. App. 97, 1992 Conn. App. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trap-falls-realty-holding-ltd-partnership-v-board-of-tax-review-of-connappct-1992.