Vessel RE Holdings, LLC v. Town Plan & Zoning Commission of the Town of Glastonbury

Summary

The Connecticut Appellate Court dismissed the Town Plan and Zoning Commission’s appeal for lack of subject matter jurisdiction because the trial court’s remand order was not an appealable final judgment. The trial court had determined that the industrial-zone exception under General Statutes § 8-30g (g) (2) did not apply to the proposed affordable housing development and remanded the application for further proceedings under § 8-30g (g) (1).

Holdings

1. The Superior Court's decision was not an appealable final judgment because it required the commission to conduct further evidentiary determinations and adjudicate the merits of the affordable housing application under § 8-30g (g) (1).
2. The commission failed to establish a colorable claim to a statutory or constitutional right of legal and practical value that would be irretrievably lost without immediate appellate review.

Questions Presented

1. Whether the Superior Court's decision remanding the affordable housing application to the commission for further proceedings under General Statutes § 8-30g (g) (1) was an appealable final judgment.
2. Whether the Superior Court's determination that the industrial-zone exception in § 8-30g (g) (2) did not apply was immediately appealable under either prong of the Curcio test.

Disposition

dismissed