DocketNumber: No. CV 90 0109026
Citation Numbers: 1997 Conn. Super. Ct. 13684
Judges: LEWIS, JUDGE.
Filed Date: 12/15/1994
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff and the defendants signed a Joint Stipulation of Facts dated August 5, 1994, and agreed that the only issue for the court is the applicability of the above three statutes to a person who is an acting local fire marshal. This joint stipulation provides in pertinent part that due to the absence of the local fire marshal because of illness, the plaintiff was appointed acting fire marshal on July 7, 1987; that in December, 1987, defendant Von Zehle was appointed as the new fire chief for the town of Wilton; that in the spring of 1988 the fire commission and Von Zehle decided to reorganize the fire department by establishing two new positions, Deputy Chief/Operations and Deputy Chief/Fire Marshal; that these new positions were published and the plaintiff, among others, applied for the position of Deputy Chief/Fire Marshal; that in April, 1989 Richard Gough was appointed to this position, and the plaintiff resumed his position as deputy fire marshal, which he held before he was appointed acting fire marshal. CT Page 13685
The plaintiff advances three reasons for his contention that a declaratory judgment should be issued "declaring him to be the Fire Marshal of Wilton, Connecticut" and also that he was entitled to monetary damages. The first claim is that he was never told by the fire commission, or anyone else, that his position as acting fire marshal was only temporary and that he served in that position from July, 1987 to April, 1989. The second reason advanced by plaintiff revolves around General Statutes §
It is this court's opinion that none of the three reasons advanced by the plaintiff in support of his claim for a declaratory judgment is persuasive. With respect to the plaintiff's contention that he was not advised of the temporary nature of his employment as acting fire marshal, there was direct evidence to the contrary by defendant Lucas, the chairman of the town's fire commission, which testimony the court finds to be more credible. In addition, the stipulation of facts contains several indications that the plaintiff knew he was only the acting fire marshal, and that it was not a permanent position.3
General Statutes §
Lastly, the case of Bartlett v. Krause, supra,
For the above reasons, the plaintiff's request for a judgment declaring that he is the local fire marshal in Wilton is denied, as is his claim for monetary damages, and judgment is entered in favor of the defendants. Costs are to be taxed by the Clerk of this court.
So Ordered.
Dated at Stamford, Connecticut, this 15th day of December, 1994.
William B. Lewis, Judge