Citizens Against Overhead Power Line Construction v. Connecticut Siting Council
86 A.3d 463
Conn.2014Background
- This case concerns what constitutes a final decision under the Uniform Administrative Procedure Act for appeals when a motion for reconsideration is granted and a new decision is issued.
- Plaintiffs Citizens Against Overhead Power Line Construction and Legare appeal from the Connecticut Siting Council’s approval of a power project by Connecticut Light and Power Company.
- While the power company’s motion for reconsideration regarding a second project was pending, the siting council granted reconsideration and approved the second project.
- The power company moved to dismiss the appeal arguing there was no final decision subject to review; the trial court denied dismissal but later dismissed for lack of aggrievement.
- The Appellate Court affirmed the trial court’s dismissal, and this court granted certification on whether the Appellate Court properly concluded plaintiffs failed to timely appeal from a final siting council decision.
- The court affirms the Appellate Court's judgment and adopts its analysis and reasoning on the final-decision issue; Judge Bishop dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second decision is the final decision for UAPA review | Legare contends the initial decision was final if not aggrieved by the reconsidered portion. | Siting Council contends only the second decision is final and subject to appeal. | Second decision is final; appeal timely from second decision |
Key Cases Cited
- Anderson v. Commissioner of Correction, 308 Conn. 456 (2013) (adopted Appellate Court reasoning on final-decision issue)
- Citizens Against Overhead Power Line Construction v. Connecticut Siting Council, 139 Conn. App. 565 (2012) (appellate court holding on final-decision and aggrievement issues)
