Buschmann v. Connecticut Siting Council

Summary

The Connecticut Appellate Court affirmed the denial of the plaintiffs’ motion to open a judgment sustaining their administrative appeal from the Connecticut Siting Council’s approval of a cell phone tower application. The court held that the plaintiffs failed to show a good and compelling reason for reopening the judgment, noting that they could challenge the council’s actions in a separate administrative appeal.

Holdings

1. The Superior Court did not abuse its discretion in denying the motion to open because the plaintiffs failed to establish a good and compelling reason for modifying or vacating the judgment.
2. When the appeal period for the underlying judgment has expired, an appeal from denial of a motion to open may test only whether the trial court abused its discretion in refusing to open the judgment, not the merits of the underlying judgment.

Questions Presented

1. Whether the Superior Court abused its discretion by denying the plaintiffs' motion to open the judgment and refusing to require a new public hearing before the newly constituted Connecticut Siting Council reconsidered the certificate application.
2. Whether the plaintiffs could use an appeal from the denial of the motion to open to obtain review of the adequacy or merits of the underlying remand order.

Disposition

affirmed