Branse, Willis and Knapp. A Connecticut Law Firm

Branse, Willis & Knapp, LLC
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It is hereby ORDAINED by the Board of Selectmen of the Town of Cromwell that Chapter 236 of the Cromwell Code be amended so as to add the following Article I:

ARTICLE I

Citation Procedures and Fines for Zoning Violations

Local Government is a creature of the State and has no powers other than those conferred by Statute or reasonably necessary to carry out those powers.

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The terms ‘aggrievement’ and ‘standing’ have been used interchangeably throughout most of Connecticut jurisprudence. . . . Although these two legal concepts are similar, they are not, however, identical.” Gladysz v. Planning & Zoning Commission, infra. If you are aggrieved, then you have standing to bring the appeal. Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected.” (Internal quotation marks omitted). Huck v. Inland Wetlands and Watercourses Agency, 203 Conn. 525, 530 (1987) quoting O’Leary v. McGuinness, 140 Conn. 80, 83 (1953). You could have standing without being aggrieved only if you are a “party”. You may lack “standing” because the cause of action is not one which you are authorized to bring. “Standing” is the right to raise the legal and factual issues before the court so that they may be adjudicated and implicates the court’s subject matter jurisdiction. Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 509 (1978). Standing is essential to subject matter jurisdiction. D. S. Associates v. Planning and Zoning Commission, 27 Conn. App. 508, 511 (1992).

Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin , 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK; and so does Conn. Gen. Stats. § 7-159b (PA 03-184 §1). Should have regulations on this, however.