Town of Fairfield v. Connecticut Siting Council
Decision Date | 30 July 1996 |
Docket Number | 15287,Nos. 15286,s. 15286 |
Court | Connecticut Supreme Court |
Parties | TOWN OF FAIRFIELD et al. v. CONNECTICUT SITING COUNCIL et al. |
Mark F. Kohler, Assistant Attorney General, with whom, on the brief, was Richard Blumenthal, Attorney General, for the appellant in Docket No. 15286 (named defendant).
Anthony M. Fitzgerald, New Haven, for appellants in Docket No. 15287 ( ).
Linda M. Guliuzza, New Haven, for appellees (plaintiff Alliance to Limit Electromagnetic Radiation Today et al.).
Before PETERS, C.J., and BORDEN, BORDON, NORCOTT and PALMER, JJ.
The sole issue raised by this administrative appeal is whether the plaintiffs 1 have a right of appeal from a decision of the named defendant, Connecticut Siting Council (council), denying their motions for a modification pursuant to General Statutes § 4-181a(b) 2 of the council's prior final decision granting to the defendants Connecticut Light and Power Company and United Illuminated Company (utilities) a certificate of environmental compatibility and public need (certificate) for the construction of a power line. The trial court, Fuller, J., dismissed the plaintiffs' appeal, concluding that because the council's decision on the plaintiffs' motions under § 4-181a(b) was not a final decision within the meaning of General Statutes § 4-166(3), 3 it was not appealable under General Statutes § 4-183(a). 4 The plaintiffs appealed to the Appellate Court, which reversed the judgment of the trial court. Fairfield v. Connecticut Siting Council, 37 Conn.App. 653, 656 A.2d 1067 (1995). We granted the utilities' petition for certification, 5 and now reverse the judgment of the Appellate Court.
The relevant facts are set forth in the opinion of the Appellate Court. "In January, 1991, the [utilities] applied to the defendant council for a certificate ... for the construction of an electric transmission line that would be 15.3 miles in length and extend from Bridgeport to Norwalk within an existing railroad right-of-way. The application was served on all appropriate local and state officials and the hearing date was noticed in the local newspapers. A six hour contested hearing was held in the Westport town hall on April 29, 1991. On September 18, 1991, the council approved the application pursuant to General Statutes § 16-50k 6 and limited conditions of construction and operation of the proposed transmission line. No appeal was taken from this decision. The utilities have already completed a substantial portion of the project in reliance on the certificate granted by the council.
Fairfield v. Connecticut Siting Council, supra, 37 Conn.App. at 655-59, 656 A.2d 1067.
On appeal, the Appellate Court concluded, contrary to the determination of the trial court, that the council, in denying the plaintiffs' request for a modification of its original decision, had considered the merits of the plaintiffs' motions, thereby giving rise to a proceeding in which the council was required, under § 4-181a(b), to follow the procedure mandated by the Uniform Administrative Procedure Act (UAPA); General Statutes § 4-166 et seq.; for contested cases. The Appellate Court further concluded that the council's denial of the plaintiffs' motions constituted an appealable final decision under § 4-166(3)(A) because the council had conducted a properly noticed hearing on the motions under § 4-181a(b). This certified appeal followed.
The defendants contend that the trial court properly dismissed the plaintiffs' appeal. The defendants argue that the council's...
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