DocketNumber: No. 395707
Citation Numbers: 1997 Conn. Super. Ct. 3740, 19 Conn. L. Rptr. 344
Judges: BLUE, JUDGE
Filed Date: 4/17/1997
Status: Non-Precedential
Modified Date: 4/17/2021
The issue now at hand has arisen because two nearby property owners — Joseph Downing ("Downing") and Brentwood Village Condominium Association, Inc. ("Brentwood") — have filed separate motions to intervene as additional parties defendant. It is undisputed that Downing and Brentwood each own land within one hundred feet of the land involved in this case. The motions have been filed at an early date in the proceedings, so there is no question as to their timeliness. Oakdale opposes the motions. The ZBA and ZEO support them.
This would be a case of considerable difficulty if uncontrolled by precedent. There are competing policy considerations, and commentators differ on their analyses of CT Page 3741 these considerations. Compare Robert A Fuller, Land Use Law andPractice § 27.12 at 497 (1993) ("[i]ntervention as of right would rarely apply to nearby property owners"), with Terry J. Tondro, Connecticut Land Use and Regulation 559 (2d ed. 1992) ("[n]eighbors have rights in their property . . . and to make the ability to protect those rights depend or whether a municipal commission approves or denies an application by an unrelated party is quite arbitrary"). Because I view the issue presented as controlled by precedent, however, it is inappropriate to weigh those considerations here.
The principal authority relied upon by Downing and Brentwood is Bucky v. Zoning Board of Appeals,
Although the Appellate Session of the Superior Court was a statutory court and its precedents arguably do not bind constitutional courts as a general matter; see State v. Hyatt,
Under these circumstances, it is appropriate to considerBucky as having precedential authority. The interests of Downing and Brentwood are sufficient to permit them to intervene in this action.
The effect of intervention on the pleadings must next be considered. At this early stage in the proceedings, the only pleading in the file is Oakdale's original appeal. Downing's motion to be made a party defendant seeks to have Oakdale "ordered to amend its complaint and state facts showing the interest of [Downing] in this action." Brentwood seeks no such order. It merely asks to be named a party defendant. Brentwood's request is appropriate; Downing's is not.
While Oakdale is, of course, free to amend its appeal in accordance with the usual rules of practice, it should not be compelled to amend its appeal under these circumstances. Oakdale seeks no relief against either intervenor nor can it obtain such relief. Downing and Brentwood are allowed to become parties defendant in order to protect their own property interests. Like all other parties defendant, they must file responsive pleadings in the usual course. Cf. Fed.R.Civ.P.
With the modification just described, the motions to be made parties defendant are granted.
BLUE, J.