300 Conn. 617
Conn.2011Background
- Connecticut Motor Cars tows, stores, and repairs vehicles and charges gate fees for moving wrecked/disabled vehicles from secured storage to retrieval area.
- In Jan. 2004, plaintiff charged a $50 gate/labor fee to two insured owners; Allstate complained to DMV in Mar. 2004.
- Hearing officer held gate fee is part of the tow charge under 14-63-36b(2) and prohibited by 14-63-36c(e) and §14-66(a)(3).
- Trial court affirmed that gate fee is included in the tow charge and thus not permissible as an additional fee.
- Supreme Court of Connecticut held that gate fee is included in the tow charge, so the fee is not allowed; decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does gate fee qualify as part of the tow charge | Motor Cars contends gate fee is for services not included in the tow charge. | Gate fee services are included in the tow charge release and thus not permitted as extra fees. | Gate fee included in tow charge; not permitted. |
Key Cases Cited
- Hicks v. State, 297 Conn. 798 (2010) (statutory-interpretation framework under § 1-2z)
- Jim's Auto Body v. Commissioner of Motor Vehicles, 285 Conn. 794 (2008) (de novo review of agency regulation interpretation)
- Board of Selectmen v. Freedom of Information Commission, 294 Conn. 438 (2010) (abuse of discretion standard for agency decisions)