Mangiafico v. Town of Farmington
173 Conn. App. 158
Conn. App. Ct.2017Background
- Plaintiff Mangiafico owned a severely damaged, uninhabitable residence in Farmington that was placed on the town’s blighted property list in August 2012 after neighbors complained.
- Town issued citations and $100/day fines beginning September 4, 2012; administrative hearings were held (Oct. 15, 2012; Feb. 21, 2013; July 2, 2013).
- Hearing officer reduced the first-period fines to $2,000, assessed $4,700 for a later period, and refused to address challenges to the blight designation at the administrative level.
- Liens were recorded: $2,000 lien (Feb. 5, 2013) and $4,700 lien (Apr. 16, 2013) for unpaid assessments. Plaintiff did not appeal the hearing officer assessments to Superior Court within the 30-day statutory period.
- Plaintiff sued in Superior Court alleging due process and takings violations, emotional distress, sought injunctive/declaratory relief, discharge of liens, and indemnification. Trial court dismissed four counts for failure to exhaust administrative remedies and entered summary judgment on the lien-discharge count; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had to exhaust administrative remedies before suing in Superior Court | Mangiafico: exhaustion unnecessary for federal civil-rights claims, takings claims, and because administrative route was burdensome/futile | Town: statutory scheme (§7-152c and town code) provides adequate de novo judicial review; plaintiff must appeal assessments within 30 days | Court: exhaustion required; statutory appeal provides adequate de novo relief, exceptions (futility) do not apply |
| Whether constitutional/takings claims excuse exhaustion | Mangiafico: constitutional issues justify bypassing administrative appeals | Town: constitutional claims do not automatically excuse exhaustion where statutory de novo review could provide relief | Court: administrative agencies cannot decide constitutional issues, but plaintiff still must exhaust unless pursuit would be demonstrably futile; here not futile because Superior Court de novo review could address claims |
| Whether plaintiff could collaterally attack recorded municipal blight liens under §49-51 without prior administrative appeal | Mangiafico: court retained equitable power to review and discharge liens; collateral attack permissible | Town: liens rest on final, unappealed assessments; collateral attack is impermissible where statutory appeal existed and was not used | Court: collateral attack barred; assessments final absent timely appeal, so summary judgment for town on lien-discharge claim |
| Whether any exception (e.g., judicial estoppel) prevented dismissal | Mangiafico: defendants previously took inconsistent positions re later citations; estoppel should bar exhaustion defense | Town: no estoppel; later positions do not negate requirement to exhaust | Court: judicial estoppel claim rejected (court referred to related decision), exhaustion requirement stands |
Key Cases Cited
- Fairchild Heights Residents Assn., Inc. v. Fairchild Heights, Inc., 310 Conn. 797 (establishes exhaustion-of-administrative-remedies principles)
- St. Paul Travelers Cos. v. Kuehl, 299 Conn. 800 (constitutional claims do not automatically excuse exhaustion; judicial bypass limited to demonstrable futility)
- Cumberland Farms, Inc. v. Groton, 262 Conn. 45 (administrative decisions entitled to preclusive effect)
- Pet v. Dept. of Health Services, 207 Conn. 346 (party must appeal to Superior Court under statute rather than bring independent action)
- Stepney, LLC v. Fairfield, 263 Conn. 558 (where statute prescribes remedy, party must follow it)
- LaCroix v. Board of Education, 199 Conn. 70 (may not bypass statutory procedure to test issues the appeal was designed to review)
- Upjohn Co. v. Zoning Board of Appeals, 224 Conn. 96 (impermissible collateral attack on final administrative decision)