Berglass v. Dworkin

Summary

The Connecticut Appellate Court affirmed the dismissal of an action seeking injunctive and related relief concerning the defendants’ construction of a fence. The court held that the requested relief was moot because construction was complete and that the plaintiff had not alleged facts sufficient to invoke the exception to administrative exhaustion for private zoning enforcement actions.

Holdings

1. The trial court properly dismissed the action because the plaintiff's pleaded requests for declaratory and injunctive relief were rendered moot by completion of the fence, and the plaintiff could not rely on a general prayer for other relief to introduce an unpleaded request for specific performance or removal of the fence.
2. The plaintiff failed to allege facts sufficient to invoke the exception allowing property owners specifically and materially damaged by zoning violations to bring a private enforcement action directly in Superior Court without first exhausting administrative remedies.

Questions Presented

1. Whether the completion of the fence rendered the plaintiff's requests for declaratory and injunctive relief moot.
2. Whether the plaintiff alleged sufficient specific and material damage to invoke the exception for private zoning enforcement actions to the exhaustion of administrative remedies doctrine.

Disposition

affirmed