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Citizens Against Overhead Power Line Construction v. Connecticut Siting Council
86 A.3d 463
Conn.
2014
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Background

  • 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)
Read the full case

Case Details

Case Name: Citizens Against Overhead Power Line Construction v. Connecticut Siting Council
Court Name: Supreme Court of Connecticut
Date Published: Mar 25, 2014
Citation: 86 A.3d 463
Docket Number: SC19107
Court Abbreviation: Conn.