133 Conn. App. 710
Conn. App. Ct.2012Background
- Sgritta leased second floor of 934 East Main Street to Apple Salon; premises alleged to house illegal massage operation.
- Stamford health issued a cease and desist order on December 1, 2006 citing nine local ordinance violations.
- Plaintiffs, arm's length landlords, challenged the order by filing a timely appeal under General Statutes § 19a-229 on December 5, 2006.
- Hearing officer, in 2009, determined jurisdiction over public health statutes but found lack of jurisdiction over three non-public-health citations; upheld five citations; struck the massage license citation.
- Trial court dismissed appeal, concluding no prejudice from the hearing officer's jurisdictional limitations and upholding § 19a-206 authority to issue the order to landlords; plaintiffs appealed.
- Appellate Court affirmed, holding no substantial prejudice and affirming the agency's construction of § 19a-206(b) authorizing orders to landlords.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plaintiffs were prejudiced by lack of hearing officer jurisdiction over three citations | Sgritta argues prejudice from unresolved citations and ongoing cease order. | Stamford health argues remaining citations and order sustain the remedy; no prejudice shown. | No substantial prejudice established; court upholds dismissal on prejudice grounds. |
| Whether § 19a-206(b) authorizes issuing an order to landlords who do not control the premises | § 19a-206(b) cannot reach landlords not directly controlling violations. | Statute authorizes orders to owners/occupants who maintain or are responsible for nuisances; landlord liability is contemplated. | § 19a-206(b) authorizes such orders to landlords; Stamford health was properly authorized. |
Key Cases Cited
- Papic v. Burke, 113 Conn.App. 198 (2009) (scope of review under the Uniform Administrative Procedure Act)
- Goldberg v. Insurance Dept., 207 Conn. 77 (1988) (prejudice standard under § 4-183(g)(1))
- New Haven v. Public Utilities Commission, 165 Conn. 687 (1974) (remaining findings support the order)
- Achillion Pharmaceuticals, Inc. v. Law, 291 Conn. 525 (2009) (constructing statutory interpretation; agency interpretation)
- Starr v. Commissioner of Environmental Protection, 226 Conn. 358 (1993) (imputing liability to landowners for pollution under related statutes)
- Planning & Zoning Commission v. Freedom of Information Commission, 130 Conn.App. 448 (2011) (statutory interpretation; plain meaning governs)
- Department of Public Safety v. Freedom of Information Commission, 298 Conn. 703 (2010) (deference to agency interpretations; limits when not longstanding)