Harkins v. Driscoll
| Decision Date | 13 November 1973 |
| Citation | 334 A.2d 901,165 Conn. 407 |
| Court | Connecticut Supreme Court |
| Parties | Edwin S. HARKINS et al. v. C. Francis DRISCOLL et al. |
Melvin C. Scott, New London, with whom, on the brief, was C. George Kanabis, New London, for appellants (plaintiffs).
Edmund J. Eshenfelder, New London, with whom, on the brief, was Myron B. Bell, New London, for appellees (defendants).
Before HOUSE, C.J., and SHAPIRO, LOISELLE, MacDONALD and BOGDANSKI, JJ.
The plaintiffs, at the inception of this action, were Lieutenants Edwin S. Harkins and Raymond Griswold and Sergeant Melvin W. Jetmore, Sr., of the city of New London police department. They sought injunctive relief pending arbitration proceedings to determine their rights under the collective bargaining agreement between the policemen's union and the city of New London. The arbitration was to review two matters: first, whether the promotion of a sergeant with less seniority than the plaintiffs to the position of captain violated the collective bargaining agreement; and second, whether a promotional examination to select lieutenants from those eligible would deprive the plaintiffs of valuable seniority rights and promotional advantages under the same agreement.
After concluding that the first matter challenging the sergeant's appointment to captain was not arbitrable, the trial court found the issues involved in that matter for the defendants. The trial court refused to grant the request of the plaintiff lieutenants for an injunction prohibiting the promotional examination for the position of lieutenant upon the representation of the city manager that the city would honor the provisions of the collective bargaining agreement for filling any vacancy in that office.
During the course of this appeal, on December 25, 1971, the plaintiff Melvin W. Jetmore, Sr., died. The administrator of his estate was substituted as a party plaintiff. This substitution is decisive for the following reasons. First, no issues regarding the office of lieutenant can be reviewed by this court. The questions of law which the plaintiffs asked to have reviewed in their request for a finding involved only the issues surrounding the promotion of a sergeant to captain. In accordance with Practice Book § 635, the court made no findings concerning the office of lieutenant. Second, counsel during oral argument before this court stipulated that no decision be made concerning any claims of Lieutenants Harkins and Griswold. Thus the only appellant presenting the issues is the administrator of the estate of the deceased Sergeant Jetmore, and no decision by this court can provide practical relief.
At this time, there is no controversy between the parties of this case requiring adjudication of present rights. Counsel argued that the...
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...under the law of this state the courts may not be used as a vehicle to obtain judicial opinions on points of law." Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 (1973); Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979); (2) th......
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