Harris v. Zoning Commission

• Decision Date: 12 February 2002
• Docket Number: (SC 16542)
• Citation: 259 Conn. 402,788 A.2d 1239
• Court: Connecticut Supreme Court
• Parties: VIVIAN W. HARRIS ET AL. v. ZONING COMMISSION OF THE TOWN OF NEW MILFORD

259 Conn. 402

788 A.2d 1239

VIVIAN W. HARRIS ET AL. v. ZONING COMMISSION OF THE TOWN OF NEW MILFORD

(SC 16542)

Supreme Court of Connecticut.

Argued October 31, 2001.

Officially released February 12, 2002.

Sullivan, C. J., and Norcott, Katz, Palmer and Zarella, Js. Robert A. Fuller, with whom was Michael J. Mannion, for the appellants (plaintiffs).

Thomas P. Byrne, with whom, on the brief, was Steven E. Byrne, for the appellee (defendant).

Opinion

KATZ, J.

The plaintiffs,¹ owners of large parcels of undeveloped land in the town of New Milford (town), appeal² from the judgment of the trial court dismissing the plaintiffs' appeal from the decision of the defendant, the zoning commission of the town of New Milford (zoning commission), that amended the definition of the phrase "lot and area" in the town's zoning regulations (amendment). The amendment excluded certain types of land from the calculation of the minimum lot area required for the purposes of residential development. We affirm the judgment of the trial court dismissing the plaintiffs' appeal.

The following facts and procedural history are undisputed. On October 29, 1997, the town's planning commission adopted a "Plan of Conservation and Development" (plan). The purpose of the plan was to achieve "a careful blend of [the town's] small town heritage and natural resources with an improved quality of new development that incorporates and protects these resources" as the town "grows and drifts away from its traditional agricultural base...." The plan suggested achieving this balance between conservation and development, in part, by regulating for appropriate residential lot sizes and slopes in order to ensure open space in subdivisions, to protect water supplies, to preserve ridgelines and vistas, and overall, "to control development in a responsible manner and encourage a respect for the environment."

In late 1999, the zoning commission proposed, and later adopted, an amendment to the definition of "lot and area" in § 015-010 of the New Milford zoning regulations. The amendment, which applies only to residential zones, excludes wetlands, watercourses and land with a 25 percent slope or greater from the calculation of the total horizontal area of a parcel of land for the purposes of determining whether a parcel conforms to the minimum lot area required for development.³ The ultimate effect of the amendment on undeveloped parcels of land is a reduction of the number of potential lots for each parcel.

On December 21, 1999, the zoning commission held a duly noticed public hearing on the amendment. George Doring, the zoning commission chairman, commenced the discussion of the amendment to § 015-010 of the regulations by reading aloud letters from the planning commission opposing the adoption of the amendment.⁴ Doring then read a letter from the inland wetlands commission endorsing the amendment, but also suggesting the incorporation of additional definitions of wetlands and watercourses. Following Doring's remarks, C. Brooks Temple, the zoning commission's vice chairman who authored the amendment, made several statements explaining the amendment and comparing its effects to the objectives contained in the planning commission's plan. Thereafter, the zoning commission opened the floor to comments from members of the public, most of whom made statements opposing the adoption of the amendment.⁵

The zoning commission held a special meeting on February 3, 2000, at which time it voted on whether to adopt the amendment to its zoning regulations. Prior to the vote, Doring stated his support for the amendment as explained by Temple. Temple then reiterated his remarks from the public hearing comparing the amendment to the planning commission's plan. Following a brief discussion, the zoning commission voted in favor of adopting the amendment by a margin of four to one. On February 11, 2000, the zoning commission published notice of its decision. The notice merely provided that the zoning commission had voted to amend § 015-010 of the New Milford zoning regulations and did not include reasons for the decision.

On February 23, 2000, the plaintiffs appealed from the zoning commission's decision to the Superior Court, pursuant to General Statutes § 8-9.⁶ The plaintiffs first alleged that, pursuant to General Statutes § 8-8,⁷ they were statutorily aggrieved by the zoning commission's decision because they owned land that was subject to the amendment. The plaintiffs further alleged that they were also classically aggrieved because the amendment affects only specific parcels in the town and the plaintiffs own parcels that are affected adversely. The plaintiffs then articulated three claims. First, they claimed that Temple's remarks constituted a statement of purpose on behalf of the zoning commission for its decision adopting the amendment, namely, to conform the zoning regulations to the plan, and that this purpose was not supported by substantial evidence in the record. Second, the plaintiffs contended that the amendment lacked a rational basis and was, therefore, not reasonably related to the legitimate purposes of zoning set forth in General Statutes § 8-2 (a).⁸ Third, they claimed that the amendment violated the uniformity requirement in § 8-2 (a)⁹ because it required different minimum lot sizes depending upon whether a lot had wetlands, watercourses and slopes greater than 25 percent, and because its terms were vague and, therefore, subject to inconsistent application.

The trial court, DiPentima, J., first determined that the plaintiffs were statutorily aggrieved pursuant to § 8-8, and, therefore, had standing to appeal from the zoning commission's decision. The trial court did not address the plaintiffs' allegation of classical aggrievement until after the plaintiffs filed a motion for articulation. Turning to the merits, the trial court rejected each of the plaintiffs' claims. First, the trial court concluded that Temple's remarks did not constitute a statement of purpose on behalf of the zoning commission, and, accordingly, that the trial court was required to search the record for a basis upon which to uphold the zoning commission's decision. After searching the record, the trial court concluded that there was substantial evidence that "the amendment [was] supported by the articulated goals and recommendations of the plan as well as the testimony of individuals at the hearing." The trial court then determined that the amendment applied consistently to all parcels throughout residential zones and that its terms were reasonably precise to provide fair notice to applicants of their obligations under the amendment. The trial court concluded, therefore, that the amendment satisfied the uniformity requirement set forth in § 8-2 (a). Finally, the trial court determined that the amendment was reasonably related to the balancing of development and conservation, which is related to the legitimate purpose of zoning for the public welfare, and that the amendment, therefore, did not lack a rational basis. Accordingly, the trial court dismissed the plaintiffs' appeal.

Thereafter, the trial court granted a motion made by the plaintiffs for articulation on the issue of aggrievement. In the articulation, the trial court stated that, in addition to being statutorily aggrieved, the plaintiffs were classically aggrieved by the zoning commission's decision. This appeal followed. On appeal, the plaintiffs claim that the trial court improperly concluded that: (1) the zoning commission had failed to make an official statement of purpose for its decision and that the trial court was required, therefore, to search the record for any basis supporting the zoning commission's decision; (2) there was a rational basis for the decision of the zoning commission; and (3) the amended regulation satisfied the uniformity requirement set forth in § 8-2 (a). As alternative grounds for affirming the trial court's judgment of dismissal, the zoning commission contends that the plaintiffs were neither classically nor statutorily aggrieved by the decision of the zoning commission, and therefore, the trial court did not have subject matter jurisdiction to hear the plaintiffs' appeal. We affirm the judgment of the trial court dismissing the plaintiffs' appeal.

I

We necessarily begin our review of this appeal with a consideration of the zoning commission's claim that the trial court improperly concluded that the plaintiffs were classically and statutorily aggrieved. It is well settled that "[p]leading and proof of aggrievement are prerequisites to a trial court's jurisdiction over the subject matter of an administrative appeal. Bakelaar v. West Haven, 193 Conn. 59, 65, 475 A.2d 283 (1984). It is [therefore] fundamental that, in order to have standing to bring an administrative appeal, a person must be aggrieved. Connecticut Business & Industry Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726, 729, 573 A.2d 736 (1990) .... Beckish v. Manafort, 175 Conn. 415, 419, 399 A.2d 1274 (1978). Standing [however] is not a technical rule intended to keep aggrieved parties out of court; nor is it a test of substantive rights. 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." (Internal quotation marks omitted.) Office of Consumer Counsel v. Dept. of Public Utility Control, 234 Conn. 624, 637, 662 A.2d 1251 (1995).

Aggrievement presents a question of fact for the trial court and the party alleging aggrievement bears the burden of proving it. See, e.g., Med-Trans of Connecticut, Inc. v. Dept. of Public Health & Addiction Services, 242 Conn. 152, 159, 699 A.2d 142 (1997); Bakelaar v. West Haven, supra, 193 Conn. 65. We do not disturb the trial court...