130 Conn. App. 363
Conn. App. Ct.2011Background
- Plaintiff Dean-Moss Family Limited Partnership sought to expand a marina by adding ten docking slips and ten parking spaces under a coastal site plan approved by Norwalk zoning.
- The parking easement at issue, granted in 1980, allowed ten parking spaces on adjacent 117 Rowayton Avenue for use by 119 Rowayton Avenue.
- Defendant Five Mile River Works, Inc. owns 117 Rowayton Avenue and opposed the plaintiff’s site plan applications.
- The zoning commission denied the site plans; on appeal, this court remanded to sustain the plaintiff’s appeal, leading to judgment in plaintiff’s favor on January 10, 2007.
- In 2007 plaintiff began preparing to implement the approvals, but defendant refused access to 117 Rowayton Avenue, prompting this injunctive action filed May 31, 2007.
- Defendant argued the approvals expired under Norwalk regs § 118-1110(C)(5) because no building permit was issued within one year or an extension granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot due to expired approvals | Fromer tolling applies; litigation tolls time limits until resolution. | Approvals expired under § 118-1110(C)(5) when time elapsed. | Yes; tolling applies and case not moot |
| Whether Fromer tolling extends to this injunctive action | Fromer tolling applicable because litigation caused time lapse. | Fromer distinguishes administrative appeals from injunction action. | Fromer rationale applicable; tolling allowed |
| Whether the approvals were valid and enforceable during litigation | Easement and approvals were valid; defendant obstructed enforcement. | Approvals could lapse due to time limits. | Approvals valid and enforceable; tolling preserved rights |
Key Cases Cited
- Fromer v. Two Hundred Post Associates, 32 Conn. App. 799 (Conn. App. 1993) (tolls permit duration until all appeals are decided)
- Dean v. Zoning Commission, 96 Conn. App. 561 (Conn. App. 2006) (remand for favorable ruling on site plan appeals)
- Fort Trumbull Conservancy, LLC v. New London, 265 Conn. 423 (Conn. 2003) (subject matter jurisdiction and mootness framework)
- Reveron v. Board of Firearms Permit Examiners, 123 Conn. App. 475 (Conn. App. 2010) (justiciability requirements for mootness)
- Dean v. Zoning Commission, 96 Conn. App. 570 (Conn. App. 2006) (remand context and ongoing litigation relevance)