302 Conn. 70
Conn.2011Background
- Goodspeed Airport, LLC seeks open space classification for 13.08 acres and continued open space classification for 43.04 acres within its 57.12 acre East Haddam parcel containing an airport.
- Trial court and Appellate Court held 13.08 acres ineligible for open space and denied relief on the 43.04 acres; remands occurred during proceedings.
- Court analyzes whether the land is included in the plan’s open space designation and whether there has been any adverse change in use between plan adoption and classification.
- Court reviews open space statutory framework (CGS §12-107e) and plan provisions, focusing on whether the 13.08 acres are within the plan’s green overlay for open space.
- Question turns on whether the assessor properly considered eligibility under the plan and whether the 43.04 acres were misvalued when open space classification was denied.
- Court remands to determine (1) size of airport and adverse-change finding for 13.08 acres and (2) true value of 43.04 acres as open space.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility of 13.08 acres for open space under plan | 13.08 acres lie within the plan’s open space overlay | 13.08 acres are not designated open space under the plan | 13.08 acres eligible; remand for adverse-change determination |
| Relief for improper assessment of 43.04 acres | Ongoing overassessment despite open space classification entitles de novo valuation | Plaintiff must show overassessment under §12-117a | Plaintiff entitled to de novo valuation; remand for true value of 43.04 acres as open space |
| Impact of airport use on eligibility | Airport does not automatically render land ineligible | Airport use makes surrounding land ineligible | Airport usage does not per se exclude open space eligibility; remand for size/impact analysis |
Key Cases Cited
- Rolling Hills Country Club, Inc. v. Board of Tax Review, 168 Conn. 466 (1975) (open space eligibility and development expectations)
- Griswold Airport, Inc. v. Madison, 289 Conn. 723 (2008) (use of current open space land; improper valuation consequences)
- Konover v. West Hartford, 242 Conn. 727 (1997) (overassessment relief and de novo valuation powers)
- Carmel Hollow Associates Ltd. Partnership v. Bethlehem, 269 Conn. 120 (2004) (clear standard for reviewing factual findings; aggrievement)
- Aspetuck Valley Country Club, Inc. v. Weston, 292 Conn. 817 (2009) (statutory interpretation and open space plan considerations)