Wright v. Woodridge Lake Sewer District

588 A.2d 176, 218 Conn. 144, 1991 Conn. LEXIS 81
CourtSupreme Court of Connecticut
DecidedMarch 26, 1991
Docket14004
StatusPublished
Cited by18 cases

This text of 588 A.2d 176 (Wright v. Woodridge Lake Sewer District) 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
Wright v. Woodridge Lake Sewer District, 588 A.2d 176, 218 Conn. 144, 1991 Conn. LEXIS 81 (Colo. 1991).

Opinion

Hull, J.

The sole issue in this appeal is whether the trial court mistakenly declared a sewer ordinance invalid in the absence of a sufficient factual record. We conclude that the trial court should not have come to this conclusion without hearing the factual evidence offered by the defendants in support of the validity of the ordinance. We therefore reverse the judgment declaring the sewer ordinance null and void and remand the case for a new trial.

The factual and procedural matrix of the case, as found by the trial court, is not in dispute. The plaintiffs are owners of approximately 8.26 acres of land located on the westerly side of Beach Street in the town of Goshen.1 This property is located within the boundaries of the named defendant, the Woodridge Lake Sewer District (sewer district), which was established July 7, 1970, in order to provide sanitary sewer service to the Woodridge Lake planned unit development and several other properties, including that of the plaintiffs, located within the boundaries of the sewer district.2 On July 26,1971, the defendant Woodridge Lake Sewer District Sewer Authority (sewer authority)3 was [146]*146created, which thereafter adopted the Woodridge Lake Sewer District Sewer Ordinance (ordinance) for the purpose of “regulating the use of public sewers and drains, the installation of and connection of building sewers and the discharge of waters and wastes into the public sewer system: and providing penalties for violations thereof.” The ordinance originally specified that no person “shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Authority.” On November 18, 1981, the ordinance was amended to provide that “[notwithstanding any other provisions of this Ordinance, [connection] permits hereunder shall be issued only under circumstances such that there shall be no more than (1) dwelling unit equivalent per acre or per smaller lot of record as may exist as of the date of this provision of this Ordinance.” The amendment defines “dwelling unit equivalent” as “any use reasonably expected, consistent with good engineering practice, to generate less than 200 gallons of sewage per day.”

After the effective date of the amended ordinance, the plaintiffs applied to the sewer authority for a permit to connect their property to the sewer district’s sewerage system in order to service forty-one proposed condominium units to be constructed on their property. Following a meeting, the sewer authority denied the plaintiffs’ application for failure to comply with the ordinance requirement that there be no more than one dwelling unit equivalent per acre lot in order to obtain a sewer connection permit.

The plaintiffs brought this action in the Superior Court for a judgment declaring the ordinance invalid, claiming that the ordinance was: (1) unconstitutional on its face and as applied to the plaintiffs; (2) an unlaw[147]*147ful, de facto exercise of planning and zoning authority;4 and (3) an illegal, arbitrary and exclusionary land use regulation. The plaintiffs also sought injunctive relief in conjunction with their claim for a declaration that the sewer authority had abused its administrative discretion by denying the plaintiffs’ application.

At trial, the court ruled that it would only consider evidence concerning the status of the plaintiffs’ ownership of the property involved and the question of their aggrievement. The defendants objected to this ruling, asserting that they had expert witnesses available to testify as to the claims of fact set forth in their preliminary memorandum of law, specifically, the design and capacity of the sewer district’s sewer system and the underlying purpose of the sewer ordinance. Nevertheless, the court declined to hear the evidence, reasoning that the defendants’ justification for enacting the sewer ordinance was not an issue in the case. Thereafter, relying on the principle that the authority to zone is vested exclusively in the zoning commission, the trial court ruled that “[t]he Ordinance as amended, constitutes unlawful de facto zoning by imposing a limit on sewer connection permits to not more than one (1) dwelling unit equivalent per acre, or smaller lot of record; by limiting the density on [the] plaintiffs’ property to eight (8) dwelling units; and by imposing such restrictions on lot size and density in the absence of district zoning authority and after the adoption of zoning by the Town of Goshen.” The court then declared the sewer ordinance null and void but declined to rule on the plaintiffs’ request for injunctive relief. The defendants appealed to the Appellate Court and the plaintiffs filed a cross appeal. We subsequently transferred the appeals to ourselves pursuant to Practice Book § 4023.

[148]*148The defendants claim that the trial court erred by declaring the sewer ordinance invalid without hearing the defendants’ proffered evidence. The plaintiffs claim that it was not necessary to hear the proposed evidence in order to conclude that the ordinance constituted unlawful de facto zoning.5 We agree with the defendants.

“ ‘ “It is settled law that as a creation of the state, a municipality has no inherent powers of its own. City Council v. Hall, 180 Conn. 243, 248, 429 A.2d 481 (1980); Pepin v. Danbury, 171 Conn. 74, 83, 368 A.2d 88 (1976); New Haven Water Co. v. New Haven, 152 Conn. 563, 566, 210 A.2d 449 (1965); State ex rel. Coe v. Fyler, 48 Conn. 145,158 (1880).” New Haven Commission on Equal Opportunities v. Yale University, 183 Conn. 495, 499, 439 A.2d 404 (1981). A municipality has only those powers that have been expressly granted to it by the state or that are necessary for it to discharge its duties and to carry out its objects and purposes. City Council v. Hall, supra, 248.’ ” Norwich v. Housing Authority, 216 Conn. 112, 123, 579 A.2d 50 (1990). This principle applies with equal force to quasi-municipal corporations. Stroiney v. Crescent Lake Tax District, 205 Conn. 290, 294, 533 A.2d 208 (1987); Alarm Applications Co. v. Simsbury Volunteer Fire Co., 179 Conn. 541, 547, 427 A.2d 822 (1980).

A sewer district established under chapter 105 of the General Statutes is a quasi-municipal corporation; see Stroiney v. Crescent Lake Tax District, supra; Alarm Applications Co. v. Simsbury Volunteer Fire Co., supra; [149]*149Larkin v. Bontatibus, 145 Conn. 570, 576, 145 A.2d 133 (1958); 1 E.

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Bluebook (online)
588 A.2d 176, 218 Conn. 144, 1991 Conn. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-woodridge-lake-sewer-district-conn-1991.