CT Appeals Court Finds Commission Did Not Deprive the Plaintiff of Fundamental Fairness by Preventing Him from Being Heard When His Site Plan and Special Excavation Fill Permits Were Denied

This post was authored by Matthew Loescher, Esq.

Plaintiff, William W. Taylor, appealed from the judgment of the Superior Court denying his appeal from the decision of the defendant Planning and Zoning Commission of the Town of Westport denied his 2019 site plan and special excavation and fill permit applications. On appeal the court considered whether the Superior Court improperly held that the commission did not deprive the plaintiff of fundamental fairness by preventing him from being heard on whether his application was sufficiently complete such that it should be adjudicated on its merits.

The record reflected that the commission, having scheduled the plaintiff’s application for a hearing, was aware that the completeness of the application was in dispute and that this was the main issue that needed to be resolved prior to the hearing being closed. Here, the commission opened the hearing and stated, for the record, its view that the application was incomplete. Nevertheless, the commission prohibited the plaintiff from addressing that concern. The court therefore held that the commission was required to provide the plaintiff with an opportunity to be heard on the completeness of his application at the public hearing. Accordingly, the court reversed the judgment of the Superior Court and remanded with direction to sustain the plaintiff’s appeal and to order the commission to hold a hearing on the plaintiff’s application.

Taylor v Planning & Zoning Commission of the Town of Westport, 2023 WL 2847183 (CT App. 4/11/2023)