Trimar Equities, LLC v. Planning & Zoning Board of Milford

785 A.2d 619, 66 Conn. App. 631, 2001 Conn. App. LEXIS 530
CourtConnecticut Appellate Court
DecidedNovember 6, 2001
DocketAC 21074
StatusPublished
Cited by7 cases

This text of 785 A.2d 619 (Trimar Equities, LLC v. Planning & Zoning Board of Milford) 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
Trimar Equities, LLC v. Planning & Zoning Board of Milford, 785 A.2d 619, 66 Conn. App. 631, 2001 Conn. App. LEXIS 530 (Colo. Ct. App. 2001).

Opinion

Opinion

LAVERY, C. J.

The plaintiff, Trimar Equities, LLC, appeals, following this court’s grant of certification, from the judgment of the trial court dismissing its appeal from the decision of the defendant planning and zoning board of the city of Milford (board). On appeal, the plaintiff claims that the trial court improperly held that an applicant in an affordable housing appeal brought under General Statutes (Rev. to 1997) § 8-30g must show that it is aggrieved, as required under General Statutes § 8-8 (b). We affirm the judgment of the trial court.

The record discloses the following facts and procedural history. On October 28, 1998, the plaintiff filed a petition with the defendant to change the zone of a parcel consisting of 5.7 acres of land on White Oaks Road in Milford from R-12.5 single-family housing to RMF-16 multifamily housing. In its petition, the plaintiff stated that it was “the contract purchaser” and “the intended developer” of the land in question, intending to develop a sixty-two unit apartment community with a 25 percent affordable housing component in accordance with § 8-30g. On December 1, 1998, the board met and denied the plaintiff’s petition.

On December 16, 1998, the plaintiff appealed to the Superior Court from the board’s decision, claiming that the decision was contrary to § 8-30g. The plaintiff claimed that it had standing to bring the appeal because [633]*633it had submitted the affordable housing application. The court, during an evidentiary hearing, then told the plaintiff that unless it was able to produce additional evidence regarding its ownership and interest in the property, the court would be unable to find the aggrievement necessary for the plaintiff to prevail in its appeal.

The plaintiff, thereafter, submitted into evidence a copy of the contract for the sale of the property entered into between S.C. Communications, LLC, and the four property owners, and an assignment of that contract from S.C. Communications, LLC, to the plaintiff. The plaintiff also presented testimony that the principals of S.C. Communications, LLC, and the plaintiff were the same persons. Also submitted into evidence by the plaintiff was a signed consent from the sellers, consenting to the assignment of the sales contract from S.C. Communications, LLC, to the plaintiff. Only one of the four owners of the property, however, signed that document. The original contract provided that any assignment of the contract must be agreed to by all sellers, or else it would be void.1

After receiving the evidence and testimony previously outlined, the court found that it was insufficient to establish the plaintiffs aggrievement with respect to the defendant’s decision denying the requested zoning change. The court found that the assignment of the contract was not agreed to in writing by all of the sellers and was, therefore, void. Accordingly, the court dismissed the plaintiffs appeal for lack of aggrievement. This court subsequently granted the [634]*634plaintiffs petition for certification to appeal. This appeal followed.

The principal issue raised in the plaintiffs appeal is whether an affordable housing appeal brought by an applicant under § 8-30g2 requires that the applicant prove that it is aggrieved pursuant to § 8-8 (b).3 We conclude that it does.

We first set forth our standard of review. “Statutory construction . . . presents a question of law over which our review is plenary. . . . According to our long-standing principles of statutory construction, our fundamental objective is to ascertain and give effect to the intent of the legislature. ... In determining the intent of 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 principles governing the same general subject matter.” (Internal quotation marks omitted.) King v. Sultar, 253 Conn. 429, 437-38, 754 A.2d 782 (2000). “Common sense must be used [when construing statutes] and courts will assume that the legislature intended to accomplish a reasonable and rational result.” (Internal quotation marks omitted.) South End Plaza Assn., Inc. v. Johnson, 62 Conn. App. [635]*635462, 466, 767 A.2d 1267, cert. denied, 256 Conn. 922, 774 A.2d 138 (2001).

“The fundamental test by which the status of aggrievement ... is determined encompasses a well-settled twofold determination. First, the party claiming aggrievement must successfully demonstrate a specific, personal and legal interest in the subject matter of the decision .... Second, the party claiming aggrievement must successfully establish that this specific personal and legal interest has been specially and injuriously affected by the decision. Aggrievement is an issue of fact ... for the trier of the facts.” (Citations omitted; internal quotation marks omitted.) Winchester Woods Associates v. Planning & Zoning Commission, 219 Conn. 303, 307-308, 592 A.2d 953 (1991). “The question of aggrievement is one of fact to be determined by the trial court on appeal.” Primerica v. Planning & Zoning Commission, 211 Conn. 85, 93, 558 A.2d 646 (1989).

If the plaintiff has such a specific, personal and legal interest in the subject property that it meets the first requirement, it appears from the record that the defendant’s decision denying the plaintiff’s affordable housing application is sufficient to meet the second requirement that the plaintiffs interest has been “injuriously affected” by the defendant’s decision. Our analysis here, therefore, centers on the first requirement, namely, that the plaintiff have such a “specific, personal and legal” interest in the property. We conclude that it does not.

“The terms aggrievement and standing have been used interchangeably throughout most of Connecticut jurisprudence. We previously have stated that [t]he question of aggrievement is essentially one of standing .... Beckish v. Manafort, 175 Conn. 415, 419, 399 A.2d 1274 (1978). Although these two legal concepts [636]*636are similar, they are not, however, identical. Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected. . . . Proof of aggrievement is, therefore, an essential prerequisite to the court’s jurisdiction of the subject matter of the appeal.” (Citations omitted; internal quotation marks omitted.) Gladysz v. Planning & Zoning Commission, 256 Conn. 249, 255-56, 773 A.2d 300 (2001).

Our Supreme Court has also applied that standard specifically in cases involving zoning disputes. “In Munhall v. Inland Wetlands Commission, 221 Conn. 46, 51,

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Bluebook (online)
785 A.2d 619, 66 Conn. App. 631, 2001 Conn. App. LEXIS 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trimar-equities-llc-v-planning-zoning-board-of-milford-connappct-2001.