DocketNumber: No. CV 93-0530275 S
Citation Numbers: 1994 Conn. Super. Ct. 3739, 9 Conn. Super. Ct. 430
Judges: MALONEY, J.
Filed Date: 4/6/1994
Status: Non-Precedential
Modified Date: 4/18/2021
In 1990, the Council issued a certificate of environmental compliance and public necessity authorizing RESOL to construct a trash — to — energy plant in the town of Lisbon. The plaintiff, which had intervened in that proceeding, did not appeal the issuance of the certificate. At that time, RESOL was a wholly owned subsidiary of Riley Energy Systems, Inc. and Ashland Oil Co. Sometime prior to May 1991, Wheelabrator Technologies, Inc. acquired RESOL and its assets, including the certificate. In May 1991, RESOL, under its new management, submitted a plan of development and management to the defendant Council, as required by the terms of the certificate. Although it had received a copy of the plan in advance, plaintiff CRRA did not submit any written comments to the Council within the prescribed time. In June 1991, the Council approved the plan. In April 1993, CRRA applied to the Council for a declaratory ruling that (a) the certificate does not authorize the construction described in the plan; (b) the certificate should have been amended or transferred in accordance with the procedures set forth in General Statutes
The defendants' claim that the plaintiff did not exhaust its administrative remedies is based on the failure of the plaintiff to appeal the original issuance of the certificate to RESOL in 1990 and its failure to submit written comments in response to the plan proposed by RESOL in 1991. Those are not remedies CT Page 3741 which the plaintiff was required to exhaust prior to applying for a declaratory ruling from the agency, however. The declaratory ruling procedure is governed by
The defendants' claim that the appeal is untimely is based on the fact that the plaintiff did not appeal the issuance of the certificate in 1991. They argue that the application for a declaratory ruling in 1993 was merely a "ruse" to disguise the failure to appeal earlier. This argument would have greater force if the Council had declined to issue a declaratory ruling. When it did issue the ruling, however, a new final decision was born, along with a new appeal timetable.
Lastly, the defendants claim that the plaintiff lacks standing or aggrievement. In support of this claim, they argue that the plaintiff has failed to show that a specific personal and legal interest has been specially and injuriously affected by the agency's decision, citing New England Rehabilitation Hospital of Hartford, Inc. v. Commission on Hospitals, and Health Care,
The plaintiff CRRA contends that it sought the declaratory ruling and appealed the adverse decision in its role as a quasi governmental agency established pursuant to General Statutes
"Aggrievement is established if there is a CT Page 3742 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,
The authorities cited above require this court to find that the plaintiff is aggrieved and has the requisite standing to appeal. In particular, the court must indulge the presumption that the Council's ruling may possibly impair CRRA's ability to discharge effectively the obligations imposed on it by
The motion to dismiss is denied.
MALONEY, J.