DocketNumber: 3160
Citation Numbers: 3 Conn. App. 672
Filed Date: 5/7/1985
Status: Precedential
Modified Date: 9/8/2022
This case is the most recent chapter in a seemingly endless saga arising out of a dispute beginning in 1960 concerning the state’s taking, for airport purposes, of approximately 13.5 acres of Simmons family land adjoining Bradley Field in East Granby. The dispute eventually reached the Supreme Court. Simmons v. Wetherall, 180 Conn. 587, 430 A.2d 1296 (1980).
The present proceeding arose out of a “Claim For Declaratory Judgment” filed, pro se, by the plaintiff in the trial court on February 3, 1984. The plaintiff sought rulings on eleven different issues which had arisen through the years in connection with this matter. He also sought to void the judgment settling the case which was upheld by the Supreme Court in 1980.
On February 27,1984, the plaintiff appeared pro se before the trial court, Edelberg, J., on the motions
Because of the unusual stance of this case, we do not reach the issue of res judicata, raised by the defendants, since the plaintiff was not allowed to argue this claim. Nor do we reach the question of whether judicial patience was so stretched by over twenty years of litigation that the trial court unfairly denied the plaintiff a chance to be heard again.
Even had the plaintiff’s claim been legally proper,
There is no error.
Other aspects of the dispute were considered in State v. Simmons, 153 Conn. 351, 216 A.2d 632 (1966), State v. Simmons, 155 Conn. 502, 234 A.2d 835 (1967); and Simmons v. State, 160 Conn. 492, 280 A.2d 351 (1971).
A petition for certiorari was denied by the United States Supreme Court on October 1, 1981.
The inappropriateness of the plaintiffs “Claim for Declaratory Judgment,” which rehashes matters occurring over many years, all of which were disposed of in a settlement leading to a 1978 judgment later upheld by the Supreme Court, requires no discussion.
The plaintiff’s claim for a declaratory judgment was presented and treated by the court in the form of a motion. An action for a declaratory judgment must be brought by complaint. Practice Book § 391 (a).