DocketNumber: 4226
Citation Numbers: 10 Conn. App. 54
Judges: Bieluch, Daly
Filed Date: 3/3/1987
Status: Precedential
Modified Date: 9/8/2022
This is an appeal by the defendant landowner
In February, 1982, the municipal planning commission (commission) of the city of Ansonia approved the defendant’s application to subdivide into 32 building lots property owned by him and located on Jewett Street. The plaintiffs,
After a title search revealed no easement of record authorizing the plaintiffs’ use of the driveway, the commission granted its approval of the subdivision. The plaintiffs appealed to the Superior Court claiming that the commission decision (1) constituted a wrongful taking of real property rights without due process of law, and (2) was in error in that the subdivision plan did not conform to the commission’s regulations. The trial court sustained the plaintiffs’ appeal and held that the commission’s action prevented them from using the driveway and was tantamount to a municipality condemning a right of way and taking it for a private purpose. In its memorandum of decision, the trial court stated: “The plaintiffs did have some right to use the driveway although how this right existed, whether by deed or prescription, was not clear.” The trial court refused to rule on the plaintiffs’ second claim since “it was not raised in the complaint or contained in the plaintiffs’ brief.” We agree with the trial court’s disposition of the second issue and note that “ ‘we are not “bound to consider a claim unless it was distinctly raised at the trial or arose subsequently to the trial.” ’ ” Robert S. Weiss & Co. v. Mullins, 196 Conn. 614, 617, 495 A.2d 1006 (1985); Practice Book § 4185 (formerly § 3063).
The standard for judicial review of administrative decisions made by local zoning authorities is “limited to a determination, principally on the record before the zoning board, whether the zoning board acted illegally, arbitrarily, or in abuse of the discretion vested in it. . . . [If] a zoning authority has stated the reasons for its actions, the reviewing court ought to examine the assigned grounds to determine whether they are reasonably supported by the record and pertinent to the
When reviewing a subdivision application, the function of a municipal planning commission is to approve or disapprove a proposed subdivision. This is an administrative function, neither legislative nor judicial. Forest Construction Co. v. Planning & Zoning Commission, 155 Conn. 669, 674, 236 A.2d 917 (1967). A municipal commission must approve a subdivision proposal if it conforms to the regulations adopted and promulgated by the commission. The proposal must be denied if it does not meet the requirements of the regulations. Westport v. Norwalk, 167 Conn. 151, 157-58, 355 A.2d 25 (1974). Because a commission is not a court of law, its authority is stringently limited. It can only apply its regulations to the proposals which appear before it. It cannot make law.
The commission does not have authority to determine whether the claimed right of way was a legally protected and enforceable prescriptive easement, since that conclusion can only be made by judicial authority in a quiet title action governed by General Statutes § 47-31. The plaintiffs have not followed the procedure available to them to establish title to their asserted prescriptive easement. The aforementioned statute places the burden of instituting that procedure on the party claiming the right of way.
The Ansonia regulations required the defendant to list all “easements” in his proposal. The plaintiffs have not taken the steps necessary to quiet title on their claimed easement. The defendant conformed with the regulations and “[t]he planning commission, acting in its administrative capacity . . . [had] no discretion or choice but to approve [the] subdivision [since] it conform[ed] to the regulations adopted for its guidance.”
The trial court’s conclusion that the plaintiffs had “some right to use the driveway” was beyond its proper scope of review. The commission properly limited its inquiry to whether the defendant’s subdivision proposal complied with the regulations. It was correct in not addressing the question of whether the plaintiffs had an easement. The trial court’s inquiry should have been limited to whether the commission properly applied the regulations to the subdivision proposal.
We have carefully examined the record before the agency and concluded that it supports the decision reached. The commission’s action in approving the defendant’s subdivision was not shown to be illegal or arbitrary.
There is error, the judgment is set aside and the case is remanded with direction to reinstate the ruling of the commission.
In this opinion, Hull, J., concurred.
The defendant commission has not joined in this appeal. The word “defendant” as used in this opinion refers to the landowner, Arthur Randall, only.
Conrad Gagnon, the coplaintiff, is the husband of the named plaintiff.