DocketNumber: No. CV91 0387910 S
Citation Numbers: 1992 Conn. Super. Ct. 1396
Judges: KOCAY, J.
Filed Date: 2/20/1992
Status: Non-Precedential
Modified Date: 7/5/2016
Hearing on the matter was on November 14, 1990 and approval of the application was granted the same day.
Following the approval of the application, the plaintiff in this action took an appeal. Despite the taking of the appeal, the Town proceeded with the project, the trees were removed, the field in question had the stumps removed, and the holes left there were filled in with soil.
The present prospective use for the property is as a soccer or sports field.
In 1991, the stump holes, subject of this challenged administrative action, were filled by the defendant, East Hartford Board of Education. Thus, the plaintiff's challenge to the defendants approval of the filling of the stump holes is moot.
The existence of an actual controversy is all essential jurisdictional pre-requisite. Furstein v. Hill,
A determination in the instant case cannot result in the granting of any meaningful relief. See, McCallum v. Inland Wetland Commission,
An administrative appeal cannot result in injunctive or monetary awards. Cummings v. Tripp,
In the absence of an actual and existing controversy, the courts will not issue opinions on points of law. Hallas v. Windsor,
Accordingly, the Appeal is dismissed.
Kocay, J.