Pond View, LLC v. Planning & Zoning Commission of the Town of Monroe, 288 Conn. 143

953 A.2d 1 (2008) · Supreme Court of Connecticut · July 29, 2008 · No. No. 17878

Summary

The Connecticut Supreme Court held that environmental intervenors lacked standing to appeal a trial court judgment concerning a zoning commission's denial of a zone-change application. Their claims involved the scope of environmental intervention under General Statutes § 22a-19(a), the effect of a protest petition under § 8-3(b), and related procedural issues, rather than environmental issues properly raised in the appeal. The court dismissed the appeal for lack of subject matter jurisdiction.

Holdings

  1. An intervenor proceeding solely under § 22a-19(a) has standing to raise only substantive environmental issues within the jurisdiction of the relevant administrative agency, not unrelated procedural or zoning issues.
  2. Filing a valid § 8-3(b) protest petition gives petitioners the right to require a supermajority vote on the proposed zone change, but does not by itself give them standing to appeal when the commission complied with that supermajority requirement.
  3. Because the intervenors established no basis for standing other than § 22a-19(a), the Supreme Court lacked subject-matter jurisdiction to consider their appeal.

Questions Presented

  1. Whether environmental intervenors who raised only procedural and zoning issues had standing under General Statutes § 22a-19(a) to appeal the trial court's judgment concerning a zone-change application.
  2. Whether filing a protest petition under General Statutes § 8-3(b) gave the intervenors a personal and legal interest sufficient to establish aggrievement and appellate standing.
  3. Whether the Supreme Court had jurisdiction to reach the intervenors' challenges to the trial court's standard of review, treatment of the protest petition, and construction of the zoning-notice statute.

Disposition

dismissed

Cases Cited (19)

  • Windels v. Environmental Protection Commission, 284 Conn. 268, 287-289, 933 A.2d 256 (2007)(followed)
  • Andross v. West Hartford, 285 Conn. 309, 321-322, 939 A.2d 1146 (2008)(followed)
  • AvalonBay Communities, Inc. v. Zoning Commission, 280 Conn. 405, 413-414, 908 A.2d 1033 (2006)(followed)
  • Red Hill Coalition, Inc. v. Town Plan & Zoning Commission, 212 Conn. 727, 733-734, 563 A.2d 1347 (1989)(followed)
  • Nizzardo v. State Traffic Commission, 259 Conn. 131, 148, 788 A.2d 1158 (2002)(followed)
  • Rocque v. Northeast Utilities Service Co., 254 Conn. 78, 85, 755 A.2d 196 (2000)(followed)
  • Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 490, 499-500, 400 A.2d 726 (1978)(followed)
  • Belford v. New Haven, 170 Conn. 46, 54, 364 A.2d 194 (1975)(followed)
  • Gardiner v. Conservation Commission, 222 Conn. 98, 106-107, 608 A.2d 672 (1992)(followed)
  • Fort Trumbull Conservancy, LLC v. New London, 282 Conn. 791, 805-808, 925 A.2d 292 (2007)(followed)

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