Windham Taxpayers Ass'n v. Board of Selectmen

662 A.2d 1281, 234 Conn. 513
Supreme Court of Connecticut·Decided August 1, 1995·No. 15242·Published·Cited by 45 cases

Opinion

Katz, J.

The dispositive issue in this appeal and cross appeal is whether the defendant board of selectmen (board)1 was required to submit a proper petition by the plaintiff Windham Taxpayers Association (association),2 pursuant to a special town meeting, to a spe[515] cial referendum for the purpose of reconsidering an appropriation of money to construct a school. In order to consider that issue, we must address the underlying issue of whether General Statutes § 7-1,3 which requires that a town meeting be held upon petition of twenty or more qualified voters, preempts a town’s charter, enacted pursuant to the Home Rule Act,4 that vests legislative authority in a board of selectmen and delineates the limited situations requiring a town meeting. We conclude that because the procedures for reconsideration of a prior legislative act are of local concern, the charter controls the resolution of this issue and that, therefore, the board was empowered to decide whether to reconsider the appropriation.

The trial court, Foley, J., found the following relevant facts. In 1990, discussions began for the construction of a new middle school in Windham. On March 1, 1994, a town meeting was held to consider the appropriation of $24,500,000 for the design and construction of a new middle school to be located on Quarry Street [516] in the Willimantic section of Windham.5 The town decided to send this issue to a referendum vote, which, if passed, would also authorize the issuance of bonds and other obligations to help finance the construction of the school. On March 15,1994, Windham passed this referendum by a four vote majority. Following the passage of the referendum, Windham entered into a contract with the architectural firm of Russell Gibson von Dohlen, Inc., to design and construct the school.

On March 28,1994, 702 individuals qualified to vote in Windham presented a petition to the board pursuant to General Statutes §§ 7-1,6, 7-2,7 and 7-7,8 requesting [517] that the board call a special town meeting for the purpose of setting the time and place of a special referendum to rescind the action on the ballot question of March 15,1994.9 The board rejected the March 28 petition and did not call a town meeting.

[518] Subsequently, on April 29,1994, thirty-eight individuals qualified to vote in Windham presented a petition to the board requesting it to call a special town meeting to reconsider the March 28 petition for the purpose of rescinding the action on the ballot question of March 15. The board also rejected this petition.

After the board’s decision to reject the March 28 referendum petition, the plaintiffs brought this action against the defendants seeking: “(1) a writ of mandamus ordering that the defendant-selectmen, forthwith set the time and place of a special referendum to rescind the action on the ballot question: ‘Shall the Town of Windham appropriate $24,500,000.00 for the design and construction of a middle school to be located on Town-owned land on Quarry Street in Willimantic and authorize the issue of bonds and notes in the same amount to defray said appropriation?’ of March 15, 1994; alternatively (2) a writ of mandamus ordering that the defendant-selectmen, forthwith call a special town meeting to reconsider the petition submitted to rescind the action on the ballot question: ‘Shall the Town of Windham appropriate $24,500,000.00 for the design and construction of a middle school to be located on Town-owned land on Quarry Street in Willimantic and authorize the issue of bonds and notes in the same amount to defray said appropriation?’ of March 15, 1994, and to reconsider and vote on said petition by the legislative body. The plaintiffs further claim (3) an injunction to stop the construction and continued expenditure of funds for the proposed Windham Middle School . . . .”10 The trial court determined that the plaintiffs were not entitled to either mandamus or injunctive relief.

[519] The trial court first determined that the plaintiffs had both voter and taxpayer standing to bring the action against the defendants. Rood and Edelman had voter standing because they were aggrieved by the board’s failure to hold the requested town meeting at which they would have had the right to vote. The trial court also found that, because Rood and Edelman had suffered an injury in the form of increased taxes to pay for the new school, they had taxpayer standing. Furthermore, the trial court found that the association had standing “in its representative capacity as a nonprofit corporation comprised solely of residents and taxpayers of the Town of Windham, whose organizational purpose is to promote fiscal conservatism and the power of initiative. Having organized the two petition campaigns at issue herein, and having many members [who] signed the petitions, the plaintiff Windham Taxpayers Association had a legally cognizable interest that the referendum or special town meeting be held.”11

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Windham Taxpayers Ass'n v. Board of Selectmen, 662 A.2d 1281, 234 Conn. 513 (Colo. 1995).

662 A.2d 1281 (Windham Taxpayers Ass'n v. Board of Selectmen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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