DocketNumber: 8725
Citation Numbers: 23 Conn. App. 281
Judges: Dupont, Landau, Lavery, Other
Filed Date: 9/18/1990
Status: Precedential
Modified Date: 9/8/2022
The plaintiff appeals from the judgment in favor of the municipal defendants
The defendant Essex planning commission approved the plaintiff’s application for a subdivision located on Mares Hill Road. The final subdivision plan included a proposed roadway named Old Dobbin Lane. The portion of this road the dedication of which is not in dispute leads north from Mares Hill Road and ends in a temporary cul-de-sac. The plaintiff delivered a deed to the town for this portion of Old Dobbin Lane, and completed construction of this segment of the road in the latter part of 1987. The subdivision plan also included a strip of land extending from the cul-de-sac to the abutting property line. This segment of Old Dobbin Lane is unimproved, and the plaintiff has no obligation to improve it unless and until the abutting land is subdivided. It is this unimproved extension of Old Dobbin Lane that is the subject of this appeal.
The plaintiff, claiming that it was under no obligation to convey the unimproved segment of Old Dobbin Lane, did not include that portion of the roadway in
On appeal, the plaintiff challenges the court’s finding in its memorandum of decision that “acceptance by the defendants occurred on August 13, 1981, the date of approval by the commission or [on February 3, 1982,] the date of filing with the town clerk.” It contends that the court found that the town had expressly accepted the entire roadway because no finding was made of implied acceptance by either the town or the general public. It then contends that there was not an express acceptance because the town failed to comply with the requirements of General Statutes § 13a-48,
The plaintiff’s claim that the court found that there was.an express acceptance is without merit. The plain
The two prerequisites for a valid dedication are a manifest intent by the owner to dedicate the land involved for use by the public and an acceptance by the proper authorities or by the general public. Katz v. West Hartford, 191 Conn. 594, 596, 469 A.2d 410 (1983). Here, the plaintiff faults the court for concluding that there had been a valid acceptance.
A municipality may accept a roadway either expressly, pursuant to formal proceedings; see General Statutes § 13a-48; or impliedly, through its conduct. Id. See also A&H Corporation v. Bridgeport, 180 Conn. 435, 439, 430 A.2d 25 (1980). Because acceptance is a question of fact, our standard of review is to determine whether the judgment of the trial court was clearly erroneous or contrary to law. Goodrich v. Dwyer, 17 Conn. App. 111, 113, 550 A.2d 318 (1988).
We conclude that here, as in Katz, the record supports a finding of an implied acceptance notwithstanding that there was no actual usage of the disputed portion of Old Dobbin Lane by the town. Further, in addition to the town’s approval of the plaintiff’s subdivision plan, we conclude that, as in Katz, there were other affirmative acts by the town sufficient to support such a finding.
The approval of a subdivision plan does not in itself constitute an implied acceptance. This does not mean, however, that it cannot be considered as a factor where, as here, the roadway layout and map notations are probative in the determination of whether there had been an acceptance. Here, the approved subdivision map not only showed Old Dobbin Lane extending beyond the cul-de-sac to the abutting property line, but it also indicated “10 foot sloping rights in favor of the town of Essex” on both sides of the disputed portion of the roadway. Moreover, the map had a notation that “the subdivision regulations of the Essex Planning Commission are a part of this plan, and approval of this plan is contingent upon compliance with all of the requirements of said subdivision regulations.” Because the subdivision regulations of the town of Essex prohibit privately owned reserve strips, the town was required to accept the disputed portion of the roadway in order for it to not violate its own regulations. We presume that the town did not intend to act illegally by declining to accept the Old Dobbin Lane extension. See Katz v. West Hartford, supra.
Further, the town advised the plaintiff, in a letter dated January 9, 1987, that the planning commission made demand upon the plaintiff for a deed of transfer
The actions by the Essex planning commission as reflected in its minutes, the subdivision map road layout and notations, and the unequivocal demand that Old Dobbin Lane be conveyed in its entirety are more than adequate to sustain the court’s finding that there was an acceptance.
The judgment is affirmed.
The defendants are the town of Essex and the Essex planning commission.
General Statutes § 13a-48 provides that “[a]ny municipality whose duty it is to maintain the highways within its limits may, except as otherwise provided in its charter, at any annual or special meeting held for that purpose, accept as a public highway any proposed highway situated in such municipality.”