18 Conn. App. 4 | Conn. App. Ct. | 1989
The plaintiffs appeal to this court from the judgment of the trial court dismissing their appeal from the decision of the named defendant, the Connecticut Indian Affairs Council (CIAC). The trial court dismissed the plaintiffs’ administrative appeal on the ground that they were not aggrieved and therefore lacked standing to pursue that appeal. We find error and hold that the plaintiffs have standing to appeal.
On December 7,1982, the individual defendants and the Eastern Pequot challenged Williams’ tribal representation on the CIAC, pursuant to the regulations of the department of environmental protection, §§ 47-59b-5 and 47-59b-6 of the Regulations of Connecticut State Agencies.
The plaintiffs appealed this administrative decision to the Superior Court, pursuant to General Statutes § 4-183. The court conducted a hearing on aggrievement, at which Raymond Geer was the only witness. On the basis of its finding that none of the plaintiffs was aggrieved, the court dismissed their appeal. The question for our review is whether the tribal organization and the individual plaintiffs have been aggrieved by the CIAC decision, thereby conferring upon them standing to appeal that decision.
“ ‘ “The fundamental test for determining aggrievement encompasses a well-settled twofold determination: first, ‘the party claiming aggrievement must successfully demonstrate a specific personal and legal interest in the subject matter of the decision, as distinguished from a general interest, such as is the concern of all members of the community as a whole. Second, the party claiming aggrievement must successfully establish that this specific personal and legal interest has been specially and injuriously affected by the decision.’. . ’ Cannavo Enterprises, Inc. v. Burns, 194 Conn. 43, 47, 478 A.2d 601 (1984); Bakelaar v. West Haven, 193 Conn. 59, 65, 475 A.2d 283 (1984). ‘Aggrievement is established if “there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected.” O’Leary v. McGuinness, 140 Conn. 80, 83, 98 A.2d 660 (1953).’ Hall v. Planning Commission, 181 Conn. 442, 445, 435 A.2d 975 (1980).” State Medical Society v.
The CIAC specifically ruled that it would “recognize as legitimate and eligible tribal members, any individual who presents adequate evidence that he [or] she is eligible within either the [s]tate statutes or the above criteria
The remaining issue is whether the trial court erred when it determined that the named plaintiff was not aggrieved. The United States Supreme Court has recognized two instances in which an organization has standing to sue. First, an organization has standing to sue in its own right if the associational ties of its members are injured. Warth v. Seldin, 422 U.S. 490, 510-11, 95 S. Ct. 2197, 45 L. Ed. 2d 343 (1975). Additionally, an organization has standing to sue on behalf of its injured members, even in the absence of injury to the organization itself. Id., 511; see Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333, 343, 97 S. Ct. 2434, 53 L. Ed. 2d 383 (1977). An organization may assert both types of standing within the same action. Warth v. Seldin, supra, 511.
The plaintiff Paucatuck Pequot easily satisfies two of the three requirements for representational standing. It has been established in the first part of this opinion that the individual plaintiffs have standing in their own right to appeal the CIAC decision. The third requirement also has been met, because the named plaintiff does not seek money damages. See State Medical Society v. Board of Examiners in Podiatry, supra, 305. Rather, the remedy sought is a finding by the trial court that the CIAC decision is erroneous. This prayer for relief does not require the court to consider the individual circumstances of any aggrieved tribal member. The named plaintiff can litigate this case without the participation of the individual tribal members and still ensure that “the remedy, if granted, will inure to the benefit of those members of the association actually
In Humane Society of the United States v. Hodel, 840 F.2d 45, 53 (D.C. Cir. 1988), the court examined the function and rigor of the germaneness test. In doing so, the court noted that “the parameters of germaneness [had] never been explored in meaningful detail by either the Supreme Court or by any federal circuit court.” Id., 54. In Humane Society, the District Court had held that the germaneness prong had not been met because the purpose of the litigation was not central to the purpose of the organization. The court of appeals examined the Supreme Court decisions in Hunt v. Washington State Apple Advertising Commission, supra, and United Automobile Workers v. Brock, 477 U.S. 274, 106 S. Ct. 2523, 91 L. Ed. 2d 228 (1986), and concluded that “it is highly unlikely the second prong of germaneness was meant to set the narrow perimeter of centrality of purpose .... Rather, it would seem to require only that an organization’s litigation goals be pertinent to its special expertise and the grounds that bring its membership together.” Humane Society of the United States v. Hodel, supra, 56. Thus, the court characterized the germaneness prong as one mandating mere pertinence between litigation subject and organizational purpose. Id., 58. We find this reasoning persuasive and, accordingly, adopt it for our analysis of germaneness in this case.
An Indian tribe is unlike other associations because a tribe does not have a stated organizational purpose. Cf. State Medical Society v. Board of Examiners in Podiatry, supra (wherein the court noted the stated organizational purposes of the medical society as set forth in the society’s bylaws). A tribe, however, enjoys a unique status under our state and federal law that allows it to protect and preserve its cultural heritage.
In light of the foregoing, we have little difficulty concluding that a suit challenging the CIAC decision that stripped the tribe of its status as members, as well as its seat on the council, is germane to the tribe’s “purposes.” If, as the defendants argue, the tribal government and its members are not aggrieved and do not have standing to appeal the decision depriving them of their status and representation, it is unclear exactly who would have standing to appeal such a decision. Our Supreme Court has noted that it will not use standing
There is error, the judgment is set aside and the case is remanded for further proceedings according to law.
In this opinion the other judges concurred.
Although the named plaintiff has been referred to as the Paucatuck Eastern Pequot Indians of Connecticut, we will use the statutory designation Paucatuck Pequot. General Statutes § 47-59b (a). The named plaintiff is one faction of the tribe and the individual plaintiffs claim to be the true members.
CIAC is an appellee to this action, but now agrees with the appellants that they have standing to pursue the administrative appeal.
The Eastern Pequot is a second faction of the tribe, the members of which claim to be the true tribal members.
Regs., Conn. State Agencies § 47-59b-5 provides: “Each tribal organization seeking representation on the Council shall file a description of the organization, its membership, and the procedure for selecting a representative to the Council. Prior to being seated, the tribal representative shall file with the Council a certificate of the appropriate tribal official stating that the representative was duly selected in accordance with tribal prac
Regs., Conn. State Agencies § 47-59b-6 provides: “At the time a representative of a tribal organization requests to be seated at the Council, or any time thereafter, a member of the tribe for which the representative was selected, or any person aggrieved by an action of this Council, may challenge the authority of the tribal organization seeking to be seated to represent the tribe, or the validity of the process by which the representative of the tribe was selected. Upon receipt of such a challenge, the Council shall set a date for a hearing to be held and conducted in the same manner as hearings on contested applications for recognition of Indian status under these regulations. No representative shall take part in proceedings of the Council while under challenge. The burden of proof shall be on the challenger. If the Council determines that the tribal organization represents the tribe and that the challenged representative has been properly selected by the tribal organization, the Council will not entertain further challenges to the tribal organization or its representative except on a showing of substantial evidence different from that heard by the Council at the first challenge hearing. The burden shall be upon the challenging party to show, by affidavit or document any evidence, that new evidence warrants a hearing on any subsequent challenge.
“The Commissioner of Environmental Protection may, and in the event that more than one member are challenged simultaneously shall, designate one or more additional persons, who shall be Indians within the meaning of Sections 47-59a to 47-66 of the General Statutes, as amended, and not members of the tribal organization under challenge, to sit on the Council for purposes of hearing and determining the challenges. The panel shall consist of not less than seven persons, including the Council members whose credentials have not been challenged.”
The CIAC expanded the statutory definition of Indian, with respect to the Paueatuck Pequot, to include consideration of additional factors such as (1) clear evidence that an individual or individual’s family has been histor
See footnote 5, supra.
Our Supreme Court has referred to the standing of an association to bring suit on behalf of its members as both “association standing”; Connecticut Assn. of Health Care Facilities, Inc. v. Worrell, 199 Conn. 609, 614, 508 A.2d 743 (1986); and as “representational standing.” State Medical Society v. Board of Examiners in Podiatry, 203 Conn. 295, 304, 524 A.2d 636 (1987). We adopt the latter term.
Regs., Conn. State Agencies § 47-59b-21 provides in part: “Membership determinations shall be made in accordance with the practice and usage of the tribe in which membership is claimed, and . . . persons whose names appear on the tribal rolls of the following tribes shall be considered Indians for purposes of Section 47-59a to 47-66 of the General Statutes, as amended.
“[Paucatuck] Pequot
“[Mashantucket] Pequot
“Schaghticoke
“Golden Hill
“Mohegan.”