DocketNumber: 7879
Citation Numbers: 21 Conn. App. 85
Judges: Borden
Filed Date: 3/20/1990
Status: Precedential
Modified Date: 9/8/2022
The plaintiff town of Preston appeals from the judgment of the trial court dismissing its action for a declaratory judgment regarding an application by the three defendant applicants, the Connecticut Resources Recovery Authority (CRRA), the Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA) and the American Ref-Fuel Company (Ref-Fuel),
This case has its genesis in the same regional resource recovery facility described in Preston v. Connecticut Siting Council, 20 Conn. App. 474, 568 A.2d 799 (1990). The proposed facility “was designed to incinerate approximately 180,000 tons per year of municipal solid waste in order to produce steam that would be used solely to generate electricity.” Id., 477.
In December, 1986, the plaintiff filed this action for a declaratory judgment seeking essentially the same two determinations that it had sought from the commissioner, namely, (1) that the applicants were required to document that the facility complied with local zoning requirements before the commissioner could issue
The applicants and the plaintiff filed cross motions for summary judgment. On January 30,1989, the court dismissed the action for lack of subject matter jurisdiction on the basis that the plaintiff had not exhausted its administrative remedies because the construction permit application was still pending before the commissioner.
It is settled that “in the case of actions praying for a declaratory judgment . . . the right to such relief is determined by the situation which has developed at the time of trial and not by that existing at the time the action was begun. . . . That the court in an action for a declaratory judgment . . . will look at the facts existing at the time of trial is more just than unjust. The remedy of a judicial declaration of rights is to inform parties of their rights and duties so that there may be an orderly settlement of their disputes. The dispute should not be settled on the basis of a situation which no longer exists.” (Citations omitted.) Edward Balf Co. v. East Granby, 152 Conn. 319, 323, 207 A.2d 58 (1965). “In an action seeking a declaratory judgment, the sole function of the trial court is to ascertain the rights of the parties under existing law.” (Emphasis added.) Middlebury v. Steinmann, 189 Conn. 710, 715, 458 A.2d 393 (1983); see also Ginsberg v. Post, 177 Conn. 610, 616, 418 A.2d 941 (1979).
In this case, the plaintiff sought, from both the commissioner and the trial court, a declaration interpreting Public Acts 1985, No. 85-334, § 6. The success of the plaintiffs claim hinged on its argument that the proposed facility was a “solid waste facility” within the meaning of Public Acts 1985, No. 85-334, § 6. By the
Furthermore, it is quite clear from the abundant legislative history of Public Acts 1987, No. 87-465, § 1, that it was meant to clarify, rather than to change, the meaning of Public Acts 1985, No. 85-334, § 1. See, e.g., Conn. Joint Standing Committee Hearings, Environment, Pt. 2, 1987 Sess., pp. 444-46, remarks of Representative William J. Cibes, Jr.; 30 S. Proc., Pt. 13, 1987 Sess., pp. 4674-76, remarks of Senator Michael P. Meotti; 30 S. Proc., supra, pp. 4698-700, remarks of Senator Steven Spellman; 30 H.R. Proc., Pt. 23,1987 Sess., pp. 8305, 8322, remarks of Representative Mary M- Mushinsky. The 1987 act, therefore, had full retroactive effect. State v. Magnano, 204 Conn. 259, 284, 528 A.2d 760 (1987).
The plaintiff did not seek to persuade the trial court that General Statutes (Rev. to 1989) § 22a-208b, which codified the 1987 enactment, applied nonetheless to the facility, on the basis that it was a “facility for the land disposal of solid waste.” Indeed, the plaintiff argued that the 1987 enactment was not retroactive and that, therefore, General Statutes (Rev. to 1987) § 22a-208b, codifying the 1985 enactment, applied to the facility on the basis that it was a “solid waste facility.”
Thus, the plaintiff persisted in seeking from the trial court an interpretation of statutory language that was no longer in effect, and that had been subsequently ciar
There is no error.
In this opinion the other judges concurred.
The other defendants to this action are the named defendant and the department of environmental protection.
Public Acts 1985, No. 85-334, § 6, provided: “Sec. 6. (NEW) The commissioner of environmental protection may issue a permit to construct a solid waste facility pursuant to section 22a-208 of the general statutes, provided the applicant submits to the commissioner a copy of a valid certificate of zoning approval, special permit, special exception or variance, or other documentation, establishing that the facility complies with the zoning requirements adopted by the municipality in which such facility is located pursuant to chapter 124 of the general statutes or any special act.”
The plaintiff sought other judicial determinations which all parties agree are no longer involved in this case.
Public Acts 1987, No. 87-465, § 1, provided: “Section 22a-208b of the general statutes is repealed and the following is substituted in lieu thereof:
“The commissioner of environmental protection may issue a permit to construct a [solid waste] facility FOR THE LAND DISPOSAL OF SOLID WASTE pursuant to section 22a-208a, provided the applicant submits to the commissioner a copy of a valid certificate of zoning approval, special permit, special exception or variance, or other documentation, establishing that the facility complies with the zoning requirements adopted by the municipality in which such facility is located pursuant to chapter 124 or any special act.”
The trial court’s memorandum of decision, although dated October 24, 1988, was filed on January 30,1989, the date of the judgment dismissing the declaratory judgment action. On November 23,1988, the commissioner issued the construction permit. The plaintiff subsequently appealed from that decision to the Superior Court.
Compare Young v. Chase, 18 Conn. App. 85, 96-98, 557 A.2d 134 (1989), where we held that a validating act did not apply to a declaratory judgment action pending on the effective date of the act. In that case, however, the language of the act specifically precluded its application to such an action. Id., 97.