Brouillard v. Connecticut Siting Council
2012 Conn. App. LEXIS 96
Conn. App. Ct.2012Background
- Brouillard appeals the trial court’s dismissal of his challenge to the Connecticut Siting Council’s permit for a Verizon tower at 199 Town Farm Road, Farmington.
- Brouillard, granted party status, alleged procedural and legal errors in the council’s decision affecting his interests across the street.
- Brouillard sought an evidentiary hearing under General Statutes § 4-183(i) to challenge procedural irregularities; the court denied.
- Defendants moved to dismiss, arguing Brouillard lacked standing (aggrievement); the court granted the motions to dismiss.
- On appeal, the court held Brouillard was neither statutorily nor classically aggrieved, and affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §16-50q grants statutory aggrievement to Brouillard | Brouillard is statutorily aggrieved as an admitted party | §16-50q provides review but requires aggrievement under §4-183 | Not statutorily aggrieved under §16-50q |
| Whether Brouillard was classically aggrieved by the siting decision | Brouillard has specific personal and legal interests | Interests were not specially and injuriously affected; claims were speculative | Not classically aggrieved; no jurisdiction to hear claims |
Key Cases Cited
- Brown & Brown, Inc. v. Blumenthal, 297 Conn. 710 (2010) (statutory interpretation guides aggrievement analysis)
- Albuquerque v. State Employees Retirement Commission, 124 Conn.App. 866 (2010) (statutory aggrievement defined; legislative fiat governs standing)
- Morrissey v. Yale University, 268 Conn. 426 (2004) (adopts concise memorandum approach for appeal issues)
- Stebbins v. Doncasters, Inc., 263 Conn. 231 (2003) (adopts standard for reviewing trial court decisions)
- C.R. Klewin Northeast, LLC v. State, 299 Conn. 167 (2010) (statutory aggrievement and review standards)