Senie v. Carothers, 8657

• Decision Date: 03 July 1990
• Docket Number: No. 8657,8657
• Citation: 576 A.2d 1312,22 Conn.App. 253
• Court: Connecticut Court of Appeals
• Parties: Susan SENIE v. Leslie CAROTHERS, Commissioner of Environmental Protection, et al.

Page 1312

576 A.2d 1312

22 Conn.App. 253

Susan SENIE v. Leslie CAROTHERS, Commissioner of Environmental Protection, et al.

No. 8657.

Appellate Court of Connecticut.

Argued May 8, 1990.

Decided July 3, 1990.

Creighton M. English, for appellant (plaintiff).

David H. Wrinn, Asst. Atty. Gen., with whom, on the brief, were Clarine Nardi Riddle, Atty. Gen., and Joseph Rubin and Brian J. Comerford, Asst. Attys. Gen., for appellee (named defendant et al.).

Edward V. O'Hanlan, for appellee (defendant Cedar Point Yacht Club).

Before DUPONT, C.J., and NORCOTT and LAVERY, JJ.

PER CURIAM.

The sole issue in this case is whether failure to annex a citation to a petition of appeal from the final decision of an administrative agency of this state deprives the Superior Court of jurisdiction to entertain this appeal. The trial court granted a motion to dismiss for lack of jurisdiction and we agree.

This case is controlled by DelVecchio v. Department of Income Maintenance, 18 Conn.App. 13, 555 A.2d 1007 (1989). This court in DelVecchio said: "In addition to proper service, a valid appeal must contain a citation signed by a competent authority and contain a notice of the return date and notice of the requirement of filing an appearance. Chestnut Realty, Inc. v. CHRO, 201 Conn. 350, 356-57, 514 A.2d 749 (1986); Atkins v. Bridgeport Hydraulic Co., 5 Conn.App. 643, 645-46, 501 A.2d 1223 (1985). Here, the plaintiff failed to annex a citation to her petition. She claims that the elimination of the requirement of service by a sheriff also abolished the necessity of a citation. That is not the law; nor is this a case of first impression.

"The necessity of a citation was first ruled upon by the Appellate Session of the Superior Court in Board of Education v. State Board of Education, 38 Conn.Sup. 712, 716, 461 A.2d 997 (1983), and subsequently by this court in Atkins v. Bridgeport Hydraulic Co., supra. ' "The citation is a matter separate and distinct from the sheriff's return and is the important legal fact upon which the judgment rests.... A proper citation is essential to the validity of the appeal and the jurisdiction of the court." (Citation omitted.) Village Creek Homeowners Assn. v. Public Utilities Commission, [148 Conn. 336, 339, 170 A.2d 732 (1961) ]. The purpose of General Statutes § 4-183(b) is not to obviate the need for a citation, but rather to permit service upon the administrative agency in a manner different from ordinary civil actions, that is, by...