University of Connecticut Chapter v. Governor

512 A.2d 152, 200 Conn. 386, 1986 Conn. LEXIS 875
CourtSupreme Court of Connecticut
DecidedJuly 8, 1986
Docket12384
StatusPublished
Cited by65 cases

This text of 512 A.2d 152 (University of Connecticut Chapter v. Governor) 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
University of Connecticut Chapter v. Governor, 512 A.2d 152, 200 Conn. 386, 1986 Conn. LEXIS 875 (Colo. 1986).

Opinion

Callahan, J.

The principal issue on this appeal is the constitutionality of General Statutes § 4-85 (b)1 which permits the governor to reduce budgetary allotments by up to 5 percent under certain specified circumstances. The plaintiff unions, claiming that § 4-85 (b) is unconstitutional, originally filed this action in the Superior Court on February 27,1980, to enjoin the governor from making such reductions. The trial court, Satter, J., rejected the plaintiffs’ arguments, found § 4-85 (b) constitutional, and rendered judgment for the defendants. On appeal the plaintiffs argue that General Statutes § 4-85 (b) is unconstitutional: (1) because it has the effect of permitting the governor to veto part of an appropriation; (2) because it confers upon the governor legislative power in violation of the separation of powers provision contained in article second of the Connecticut constitution; and (3) because, even if such power can be delegated, the [388]*388statute does not satisfy the requirements for a valid delegation under the rule enunciated in State v. Stoddard, 126 Conn. 623, 628, 13 A.2d 586 (1940). We find no error.

I

The defendants, in accordance with Practice Book § 3012, have presented two alternate grounds for affirming the judgment, the defenses of sovereign immunity and lack of standing. Both defenses were raised below, considered and rejected by the trial court.

It is well settled in Connecticut that the state cannot be sued without its consent and that since the state acts only through its officers and agents, a suit against an officer concerning a matter in which he represents the state is, in effect, a suit against the state. Sentner v. Board of Trustees, 184 Conn. 339, 342, 439 A.2d 1033 (1981); Horton v. Meskill, 172 Conn. 615, 623, 376 A.2d 359 (1977). Where, however, the defendant officer is alleged to be acting under an unconstitutional statute, the interest in the protection of the plaintiffs’ rights to be free from the consequences of such action outweighs the interest served by the sovereign immunity doctrine. Horton v. Meskill, supra, 624. The exception in Horton was limited to actions requesting declaratory relief. Id. In Sentner, however, we recognized a narrow exception for actions seeking prospective injunctive relief when the relief granted avoids undue interference with governmental functions. Sentner v. Board of Trustees, supra, 344-45. We agree with the finding of the trial court that this case presented a significant and substantial question, the determination of which is manifestly in the public interest and thus is not barred by the doctrine of sovereign immunity. See Horton v. Meskill, supra, 628.

The defendants next claim that the plaintiffs lacked standing to bring this action because the plaintiff unions [389]*389proved no injury as a result of the governor’s action. The trial court, Corrigan, J., denied the defendants’ motion to dismiss for lack of standing. It found that the plaintiffs had a colorable claim of direct injury and that the allegations of their amended complaint sufficiently stated an “adversary presentation of the issues to withstand the motion to dismiss.” After the completion of the trial, the court, Satter, J., issued its decision in which it stated in a footnote that it was adopting Judge Corrigan’s opinion concerning standing.

As we recently stated in Connecticut Assn. of Health Care Facilities, Inc. v. Worrell, 199 Conn. 609, 612-13, 508 A.2d 743 (1986). “ ‘The “fundamental aspect of standing ... [is that] it focuses on the party seeking to get his complaint before [the] court and not on the issues he wishes to have adjudicated.” Flast v. Cohen, 392 U.S. 83, 99, 88 S. Ct. 1942, 20 L. Ed. 2d 947 [1968].’ Hartford Kosher Caterers, Inc. v. Gazda, 165 Conn. 478, 485, 338 A.2d 497 (1973). ‘Standing is not a technical rule intended to keep aggrieved parties out of court .... Rather it is a practical concept designed to ensure that courts and parties are not vexed by suits brought to vindicate nonjusticiable interests and that judicial decisions which may affect the rights of others are forged in hot controversy, with each view fairly and vigorously represented. See, e.g., Baker v. Carr, 369 U.S. 186, 204, 82 S. Ct. 691, 7 L. Ed. 2d 663 (1962); Stern v. Stern, 165 Conn. 190, 192, 332 A.2d 78 (1973).’. . . The requirements of justiciability and controversy are ‘ordinarily held to have been met when a complainant makes a colorable claim of direct injury he has suffered or is likely to suffer, in an individual or representative capacity.’ ” Connecticut Assn. of Health Care Facilities, Inc. v. Worrell, supra, quoting Maloney v. Pac, 183 Conn. 313, 320-21, 439 A.2d 349 (1981).

[390]*390We have reviewed the record and conclude that the trial court was correct in finding that the plaintiffs had standing to bring this action.

II

The plaintiffs first claim that General Statutes § 4-85 (b) is unconstitutional because it allows the governor to veto a part of an appropriation. “It is well settled that a party who challenges a statute on constitutional grounds has no easy burden, for every intendment will be made in favor of constitutionality, and invalidity must be established beyond a reasonable doubt State v. Darden, 171 Conn. 677, 679, 372 A.2d 99 (1976); State v. Dupree, 196 Conn. 655, 663, 495 A.2d 691, cert. denied, 474 U.S. 951, 106 S. Ct. 318, 88 L. Ed. 2d 301 (1985); Eielson v. Parker, 179 Conn. 552, 560, 427 A.2d 814 (1980); State v. Clemente, 166 Conn. 501, 506, 353 A.2d 723 (1974). It is with this in mind that we examine the plaintiffs’ claims.

General Statutes § 4-85 (a) requires each budgeted agency to submit to the governor, through the secretary of the office of policy and management, a requisition for the allotment of the amount necessary to carry on the work of the agency during each quarter of the fiscal year. General Statutes § 4-85 (b), the challenged statute, provides: “The governor shall approve . . . requisitions for allotments unless . . . [he] determines that (1) due to a change in circumstances since the budget was adopted certain reductions should be made in various allotments . . . or (2) the estimated budget resources during such fiscal year will be insufficient to pay all appropriations in full, in which event the governor may modify such allotments to the extent. . . necessary, provided no reduction in the budget adopted by the general assembly, by any requisition for an allotment made pursuant to subsection (a) or modification by the governor or both, shall result in any reduction [391]

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

Related

Casey v. Lamont
Supreme Court of Connecticut, 2021
In re MVP Health Insurance Company
2016 VT 111 (Supreme Court of Vermont, 2016)
New Hampshire Health Care Ass'n v. Governor
161 N.H. 378 (Supreme Court of New Hampshire, 2011)
Brayton v. Pawlenty
781 N.W.2d 357 (Supreme Court of Minnesota, 2010)
Honulik v. Town of Greenwich
980 A.2d 845 (Supreme Court of Connecticut, 2009)
Hogan v. Department of Children & Families
964 A.2d 1213 (Supreme Court of Connecticut, 2009)
Hunter v. State
2004 VT 108 (Supreme Court of Vermont, 2004)
Rudy's Limousine Service, Inc. v. Department of Transportation
826 A.2d 1161 (Connecticut Appellate Court, 2003)
New England Division of the American Cancer Society v. Commissioner of Administration
437 Mass. 172 (Massachusetts Supreme Judicial Court, 2002)
Maxwell v. Freedom of Info. Comm., No. Cv 99-0497390-S (Feb. 15, 2001)
2001 Conn. Super. Ct. 2659 (Connecticut Superior Court, 2001)
Seymour v. Elections Enforcement Commission
762 A.2d 880 (Supreme Court of Connecticut, 2000)
Thomas v. City of Bridgeport, No. Cv99 361811s (Jul. 19, 2000)
2000 Conn. Super. Ct. 8595 (Connecticut Superior Court, 2000)
Cintron v. Valentin, No. Fa 99-0498286 (Dec. 14, 1999)
1999 Conn. Super. Ct. 16933-l (Connecticut Superior Court, 1999)
Bell Atlantic Mobile v. Dpuc, No. Cv98-0492713s (Mar. 3, 1999)
1999 Conn. Super. Ct. 2869 (Connecticut Superior Court, 1999)
Seymour v. State, Elections Enf. Comm., No. Cv98 0579752 (Dec. 16, 1998)
1998 Conn. Super. Ct. 14945 (Connecticut Superior Court, 1998)
State v. Gracia
719 A.2d 1196 (Connecticut Appellate Court, 1998)
Cruess Realty v. Heath, No. Spwa-9704-17934 (May 28, 1997)
1997 Conn. Super. Ct. 2520 (Connecticut Superior Court, 1997)
Doe v. Statewide Grievance Committee
694 A.2d 1218 (Supreme Court of Connecticut, 1997)
Pamela B. v. Ment, No. Cv95-0556127 S (Feb. 13, 1997)
1997 Conn. Super. Ct. 1223 (Connecticut Superior Court, 1997)
Metro Mobile Cts v. Connecticut D.P.U.C., No. Cv 950051275s (Dec. 11, 1996)
1996 Conn. Super. Ct. 7185 (Connecticut Superior Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
512 A.2d 152, 200 Conn. 386, 1986 Conn. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-connecticut-chapter-v-governor-conn-1986.