DocketNumber: No. CV93-0309146S
Citation Numbers: 1993 Conn. Super. Ct. 10726
Judges: VERTEFEUILLE, JUDGE.
Filed Date: 12/10/1993
Status: Non-Precedential
Modified Date: 7/5/2016
The Defendants are students at Fairfield University, now in their junior year. During their freshman and sophomore years the Defendants resided in dormitories located on the campus of Fairfield University. In the spring of their sophomore year the Defendants made the necessary arrangements to live off campus for their junior year, beginning in September, 1993. All three entered into leases for homes in the Fairfield Beach area of Fairfield with other students as co-tenants. The Defendants moved into these homes, at 787 Rowland Road for the Knaufs and at 799 Fairfield Beach Road for Pilkerton, early in September when school began. It is undisputed that the campus of Fairfield University is located within the Fourth District of the RTM while 787 Rowland Road and 799 Fairfield Beach Road are located in the Tenth District of the RTM. It is further undisputed that the Fairfield Town Charter requires that a member of the RTM must be a resident of the district from which elected. CT Page 10727
The Defendants contend that they moved back on campus on or about October 1, 1993 with the intention of remaining on campus and that they were living in Fairfield University dormitories and therefore resided in the Fourth District on the date of the election, November 2, 1993. This is disputed by the plaintiffs, who suggest that the testimony of the Defendants lacks credibility.
At the outset of trial in this matter counsel for all the defendants made an oral motion to dismiss on several different grounds. (Under the statute, Conn. Gen. Stat.
This action is brought pursuant to Conn. Gen. Stat.
Any elector or candidate claiming to have been aggrieved by any ruling of any election official in connection with an election for any municipal office . . . or any elector or candidate claiming that there has been a mistake in the count of votes cast for any such office at such election . . . or any candidate in such an election . . . claiming that he is aggrieved by a violation of any provision of sections
9-355 ,9-357 to9-361 , inclusive,9-364 ,9-364a or9-365 in the casting of absentee ballots . . . may bring a complaint to any judge of the superior court relief therefrom.
The statute requires an expedited hearing and decision and sets forth the various types of relief which the court may order. The Defendants contend that Section
The plaintiffs in Scheyd v. Bezrucik, supra, brought an action under the same statute at issue here, Conn. Gen. Stat.
The Supreme Court held that the plaintiffs' claim was not properly raised under Section
The Supreme Court's interpretation of Section
The plaintiffs also allege in their complaint that the Defendants violated Conn. Gen. Stat.
Even if the plaintiffs' claims could properly be raised in an action brought under Section
Andrew Knauf testified that he took up residency on campus October 1 after hearing about the residency issue through an article in the Fairfield Citizen, the local newspaper. Christopher Pilkerton testified that he moved out of 799 CT Page 10730 Fairfield Beach Road and onto the campus beginning on October 1 and as of October 2 he had completely vacated the house at Fairfield Beach. He, too, testified that it was a newspaper article about the residency issue which prompted his move. Christopher Knauf testified that he moved to campus on October 1, the same day he and his brother signed leases for dorm rooms on campus.
The plaintiffs question the credibility of the Defendants' testimony that they moved back on campus on October 1 or 2. Plaintiff Selina Strong testified that the very first article in the Fairfield Citizen about the residency issue was published on October 1. The plaintiffs suggest that it would not have been feasible for the Defendants to move to campus on the very same day the newspaper article appeared, given the arrangements which were necessary. For example, the Knaufs changed places with two students who moved to 787 Rowland Road while the Knaufs moved into the students' dormitory room; this required approval from several administrators of Fairfield University.
The plaintiffs overlook, however, the substantial documentary and other evidence showing that the Defendants fact move back to campus on or about October 1, 1993. The landlord and owner of 787 Rowland Road testified that he first received a phone call and then later a confirming letter from the Knaufs that they were moving back to campus and were subletting the premises at 787 Rowland Road on or about October 1. The records of the Town of Fairfield Health Department show that the Housing Inspector was notified that on or about October 1 the Knaufs were moving out of 787 Rowland Road and two new tenants were moving in.
Several records of Fairfield University show that the Defendants moved to dormitory rooms on campus effective October 1. The Defendants' residence hall agreements with the University were later signed on October 12, October 18 and October 19. The Bursar for Fairfield University charged the accounts of the Defendants for room and board beginning the week of September 29 through October 5. After considering all of the evidence presented, the court would find that the Defendants resided in the Fourth RTM District on the critical date, election day, November 2, 1993 and that they had resided in the Fourth District for a few weeks prior to that date. Any discrepancy in the testimony of the Defendants was overcome by the substantial evidence showing that they returned to live on CT Page 10731 campus in early October.
As a result of the plaintiffs' failure to allege in their complaint any one of the limited types of claims identified in Conn. Gen. Stat.
CHRISTINE S. VERTEFEUILLE, JUDGE