Waterbury Teachers Ass'n v. Freedom of Information Commission

645 A.2d 978, 230 Conn. 441, 1994 Conn. LEXIS 249
CourtSupreme Court of Connecticut
DecidedAugust 2, 1994
Docket14860
StatusPublished
Cited by91 cases

This text of 645 A.2d 978 (Waterbury Teachers Ass'n v. Freedom of Information Commission) 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
Waterbury Teachers Ass'n v. Freedom of Information Commission, 645 A.2d 978, 230 Conn. 441, 1994 Conn. LEXIS 249 (Colo. 1994).

Opinion

Borden, J.

The sole issue of this appeal is whether the denial by the trial court of a stay of a decision of the named defendant, the freedom of information commission (commission),1 pending the resolution of the plaintiffs administrative appeal from that decision, constituted a final judgment for purposes of appeal. The plaintiff, the Waterbury Teachers Association, appeals upon our grant of certification,2 from the judgment of [443]*443the Appellate Court. Waterbury Teachers Assn. v. Freedom of Information Commission, 228 Conn. 904, 634 A.2d 300 (1993). The Appellate Court dismissed, for lack of a final judgment, the plaintiffs appeal from the trial court’s decision denying the plaintiff’s motion for a stay pending the resolution of the plaintiff’s administrative appeal. We affirm the judgment of the Appellate Court.

The facts are undisputed. In May, 1992, the defendants complained to the commission that the board of education committee on grievances (committee) had illegally excluded the defendants from its April 29, 1992 and May 6, 1992 meetings, and that those meetings had not been properly noticed pursuant to General Statutes § 1-21 (a).3 The committee and the plaintiff, which [444]*444had been made a party to the administrative proceeding, claimed that what had occurred on those two dates constituted “strategy or negotiations with respect to collective bargaining” within the meaning of § 1-18a (b),4 [445]*445and that, therefore, the committee had acted properly. More specifically, the committee argued that the discussion of grievances under a collective bargaining agreement constitutes strategy or negotiations with respect to collective bargaining within the meaning of § 1-18a (b).

After a contested case hearing, the commission rendered its final decision on April 30, 1993. The commission found that, during the sessions at issue: (1) the committee had discussed certain grievances; (2) the committee, in accordance with its usual practice, had identified the grievances by numbers without the use of names or subject matter; (3) a collective bargaining agreement had been in effect; (4) the discussions of the grievances had included inquiries regarding possible violations of the collective bargaining agreement, and also had included the receipt of evidence from witnesses regarding the grievances; and (5) the committee had discussed matters other than strategy or negotiation regarding collective bargaining, particularly when receiving evidence with respect to grievances. On the basis of these findings, the commission concluded that the April and May sessions of the committee had been public meetings within the meaning of § 1-18a (b), and that the committee had violated § 1-21 (a) by failing to give proper notice thereof. The commission issued the following order: “The [committee] shall henceforth strictly comply with the provisions of § 1-21 (a).”

The plaintiff appealed from this decision to the trial court. During the pendency of this appeal, the plaintiff moved, pursuant to General Statutes § 4-183 (f),5 [446]*446for a stay of “any proceedings by [the] defendants to enforce the final decision of the [commission] until further order of the court.” The trial court, treating the motion for a stay as analogous to a motion for a temporary injunction, applied a four part test. The court determined that, in order for a stay to issue, it must determine that: (1) the plaintiff had no adequate legal remedy; (2) the plaintiff would suffer irreparable injury absent a stay; (3) the plaintiff was likely to prevail on appeal; and (4) the balance of the equities favored a stay. Applying this test, the trial court denied the plaintiffs motion for a stay.

The plaintiff appealed to the Appellate Court from the trial court’s denial of a stay. The defendants moved to dismiss the appeal for lack of a final judgment. The Appellate Court granted the motion and dismissed the appeal. This appeal followed.

The plaintiff claims that the denial of the stay by the trial court, though an interlocutory order, is a final judgment for purposes of appeal because “the order or action so concludes the rights of the parties that further proceedings cannot affect them.” State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983).6 The plaintiff argues that this part of the Curdo test applies because: (1) the effect of the commission’s order is to require that grievance hearings be treated as open meetings, at least until the merits of the plaintiffs appeal are determined by the trial court; (2) the plaintiff will thereby be deprived of its right to appeal from the commission’s decision regarding grievance hearings held during the period between the commission’s order and the trial court’s ultimate decision on the merits; and (3) if the plaintiff is not permitted to appeal at this time, [447]*447it “will have been forced to abide by an illegal order during the pendency of its administrative appeal.” Thus, the core of the plaintiffs argument is that, as a result of the trial court’s decision, the plaintiff will irreparably lose its right to conduct grievance hearings during the pendency of the appeal in private. We are not persuaded that these considerations transform this interlocutory order into a final judgment for purposes of appeal.

It is axiomatic that, except insofar as the constitution bestows upon this court jurisdiction to hear certain cases; see Fonfarra v. Reapportionment Commission, 222 Conn. 166, 610 A.2d 153 (1992);7 the subject matter jurisdiction of the Appellate Court and of this court is governed by statute. Grieco v. Zoning Commission, 226 Conn. 230, 231, 627 A.2d 432 (1993). It is equally axiomatic that, except insofar as the legislature has specifically provided for an interlocutory appeal or other form of interlocutory appellate review; see, e.g., General Statutes § 52-278l (prejudgment remedies); General Statutes § 54-63g (petition for review of bail); General Statutes § 51-164x (court closure orders); State v. Ayala, 222 Conn. 331, 340, 610 A.2d 1162 (1992); appellate jurisdiction is limited to final judgments of the trial court. General Statutes § 52-263;8 State v. Curcio, supra, 191 Conn. 30. The doctrine that an interlocutory order may nonetheless [448]*448be a “final [judgment] for purposes of appeal”; State v. Curcio, supra, 31; is not an exception to but simply an application of the final judgment rule embodied in § 52-263. See footnote 8.

The plaintiff’s attempt to bring the trial court’s order denying a stay within Curcio founders on our further explication of that doctrine in State v. Longo, 192 Conn. 85, 91-93, 469 A.2d 1220 (1984). In Longo,

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Bluebook (online)
645 A.2d 978, 230 Conn. 441, 1994 Conn. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waterbury-teachers-assn-v-freedom-of-information-commission-conn-1994.