DocketNumber: No. CV 96 056 25 35
Judges: MALONEY, J.
Filed Date: 1/30/1997
Status: Non-Precedential
Modified Date: 4/18/2021
The facts essential to the court's decision are not in dispute. In September 1991, the commission on hospitals and health care issued to defendant HMC a certificate of need to construct a nursing home that would provide sixty chronic and convalescent nursing home beds and forty-one home for the aged beds For reasons not relevant to the decision on these motions, HMC's construction project was delayed. In 1993, while the project was still on the drawing board, the legislature enacted Public Act 93-262, terminating all certificates of need with certain exceptions. One of these was for a certificate holder who notified the commission of its intention to commence use of the new nursing home for a "continuing care facility which guarantees life care for its residents (a CCF)." The next year, in Public Act 94-236, the legislature extended the time limits for notification to the commission and for filing documentation of final plans to September 30, 1994. The same year, the legislature enacted legislation transferring oversight of the nursing home industry from the commission to the defendant department.
Between June 25, 1993 and August 4, 1995, defendant HMC and CT Page 168-U the commission/department conducted extensive meetings and correspondence during which HMC endeavored to convince the department that HMC's certificate of need should remain valid as a CCF exception to the moratorium imposed by Public Acts 93-262 and 94-236
On August 4, 1995, HMC and the department entered into an agreement providing for the continuing validity of HMC's certificate of need to construct the nursing home in accordance with specifications spelled out in the agreement.
In the complaint in this action, plaintiff Careplex describes itself as the manager of a "retirement community" in Stamford and the developer of "a number of proposed retirement communities in the Fairfield County, Connecticut region." Plaintiff B G Associates describes itself as the owner of the "retirement community" in Stamford. The complaint also alleges that the plaintiffs are "holders of CONs (certificates of need) in the marketplace." Generally speaking, the plaintiffs characterize themselves as competitors or, perhaps, would-be competitors of HMC. During the course of the negotiations between defendant HMC and the department, the plaintiffs were also in contact with the department objecting to the continuation of HMC's certificate and attempting to obtain status as a party to the proceeding. The department rejected those overtures. CT Page 168-V
Following the decision by the department to validate HMC's certificate of need to construct the nursing home, the plaintiffs petitioned the department, pursuant to General Statutes §
The defendant department and HMC move to dismiss the complaint on the basis that the plaintiffs are not legally aggrieved by the department's decision and thus lack standing to bring the action.
The same criteria for aggrievement and consequent standing apply to a plaintiff bringing an action for a declaratory judgment against an administrative agency under §
"The fundamental test for determining aggrievement CT Page 168-W encompasses a well settled two fold determination: first, he party claiming aggrievement must successfully demonstrate a specific personal and legal interest in the subject matter of the decision, as distinguished from a general interest, such as is the concern of all members of the community as a whole. Second, the party claiming aggrievement must successfully establish that the specific personal and legal interest has been specially and injuriously affected by the decision. . . Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interested . . . has been adversely affected." (Citations and internal quotation marks omitted). Light Rigging Co. v. Dept. of Public Utility Control,
As noted, the primary thrust of the plaintiffs' claims in this case is that they are present or potential competitors of HMC and that the department's decision is potentially harmful to business interests. In a series of cases, our Supreme Court has considered the claim of aggrievement based on the adverse effect that the granting of a license or franchise to a competitor might have on the claimant's business. The law on the subject has evolved, becoming more precise and focused in those cases, culminating in the court's decision in United Cable TelevisionServices Corp. v. Department of Public Utility Control,
In United Cable Television Services Corp. v. DPUC, supra
Applying the principles summarized above to the facts of the present case, the court concludes that the plaintiffs have not demonstrated that they are legally aggrieved by the department's decision that the certificate of need granted to HMC in 1991 is exempt from the moratorium imposed by Public Acts 93-262 and 94-236.
The first prong of the aggrievement rule requires the plaintiff to establish "a specific personal and legal interest in the subject matter of the decision." Light Rigging Co. v. DPUC,
supra,
Even if the allegations and assertions of the plaintiffs could be stretched to establish that they have an interest in the subject matter of the department's decision, they cannot demonstrate that this interest "falls within the zone of interests sought to be protected by the statutory provision whose violation forms the legal basis for (their) complaint" UnitedCable v. DPUC, supra,
For all of the above reasons, the defendants' motions to dismiss the complaint are granted.
MALONEY, J.