256 A.2d 844 | Conn. Super. Ct. | 1969
Five taxpayers of the city of Milford have instituted an action in this court returnable on the first Tuesday of June, 1969, against officials of that city, including both of the registrars of voters, the city clerk, the members of the board of aldermen and the members of the board of finance. In the cause, the plaintiffs seek to enjoin these defendants from any further action in connection with the holding of a special city election on an advisory referendum dealing with the determination of prevailing public sentiment, without obligation to be bound by a majority vote resulting, on whether *205 or not the board of education should enter, for the year 1969-1970, into a bussing contract presently known as "Project Concern."
On May 5, 1969, the defendant board of aldermen unanimously voted to direct the holding of a so-called advisory referendum on the proposed "Project Concern" program for the school year 1969-1970, at which contemplated election the question to be voted on would be as follows: "Are you in favor of the Board of Education entering into a busing contract presently known as Project Concern for the forthcoming year, 1969-1970?" The defendant board of aldermen approved the transfer of $2500 to the election account of the city to cover costs for such an election and ordered the city clerk to publish a warning of the referendum. The defendant board of finance voted to authorize the transfer of the funds as approved by the defendant board of aldermen to the election account.
On July 2, 1968, the board of education of the city of Milford, after holding a public hearing thereon, voted to enter into an agreement for a "Project Concern" program with the board of education of the city of New Haven, whereby disadvantaged children of the city of New Haven would attend classes in schools of the city of Milford. Thereafter, a written agreement was entered into between the boards of education, pursuant to §
In accordance with a rule to show cause issued on May 16, 1969, the parties and their counsel appeared before the undersigned in New Haven at 10 a.m. on May 22, 1969, at which time a full hearing was held on the plaintiffs' request for the issuance of a temporary injunction against these defendants; the request was, in turn, resisted by the defendants. Briefs, which have been helpful, were filed thereafter.
The issue here does not involve the worth, virtue or advisability of, or the absence of any of these or other qualifications of, "Project Concern" or contemplated arrangements therewith. The determination required to be made by the board of education itself might include, in some substantial measure, consideration of the humanitarian aspects of the proposal and the availability to the board of facilities and staff in Milford, as well as its exercise of reason and judgment. Action by the board as required is purely administrative and, further, permits no extraneous delegation or direction other than that provided in law as an aid by which to learn further of the feeling of the public on any question before the board of education. Public hearings by the board of education have been provided for by statute. General Statutes §
The board of education of Milford enjoys no powers other than those which are provided for it and which are designed either to alleviate its own task or to influence the exercise of its own discretion in connection with the making of a decision on the question of contracting with the board of education of New Haven as to the bussing of pupils in "Project Concern." General Statutes §§
This court cannot agree with the contention of the defense that the plaintiffs have no standing, that no irreparable harm has been demonstrated and, further, that even if the latter had been established, "the additional burden . . . upon plaintiffs would probably be the paltry sum of a few cents, an injury trifling and insignificant." Our Supreme Court has held: "An injury is irreparable when there is no legal remedy furnishing full compensation or adequate redress because of the ineffectiveness of such legal remedy, or when, owing to the delay incident to the prosecution of an action at law to final judgment and obtaining execution thereon, such judgment and process would be fruitless of beneficial results." Gorham v. NewHaven,
When a question such as this, whether or not the contract for bussing should be entered into, presents itself, and no provision exists for its submission to referendum, the expense of submitting it to the *209 voters, even on a "straw vote" basis, as here, would constitute a misapplication and waste of public funds. In such matters as this, taxpayers are not to be denied their rights of guardianship and access to equity to prevent such unlawful or improper acts. 4 Yokley, Municipal Corporations §§ 605, 606, with citations therein; 52 Am. Jur., Taxpayers' Actions, § 15.
It is further observed that the reasoning of a court of equity in enjoining that which it determines to be a misapplication of municipal funds, that is, the applying of such funds to municipal purposes not designated or empowered by law, rests on at least two grounds. The first of these is the ultra vires character of the contemplated action and the second is the trust relationship which every single taxpayer holds to municipal authorities with respect to public funds committed to them. More simply stated, municipal taxpayers, actually the equity owners of municipal funds with public authorities as but trustees thereof who can but hold and apply money to the legitimate purposes of the trust, may seek to enjoin those trustees from misapplying those funds. Litz v. West Hammond,
To hold such an election as is contemplated here by these defendants and complained of by these plaintiffs would be, in the opinion of this court, contrary to law, would constitute an unlawful allocation and expenditure of the public funds of Milford, and should be temporarily enjoined as requested by the plaintiffs herein.
[Order of temporary injunction omitted.]
