Town of Griswold v. Camputaro

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TOWN OF GRISWOLD v. PASQUALE

CAMPUTARO ET AL.

(AC 38889)

Lavine, Mullins and Mihalakos, Js.*

Syllabus

In a zoning enforcement action, the plaintiff town sought, inter alia, injunc-

tive relief prohibiting the defendants, C and S Co., from operating an

asphalt plant. Simultaneously, the plaintiff had issued a cease and desist

order against the defendants to cease operation of the plant, and the

defendants appealed from that order to the plaintiff’s zoning board of

appeals, which sustained the order. Thereafter, the defendants appealed

from the decision on the cease and desist order to the trial court,

and that zoning appeal was consolidated with the plaintiff’s zoning

enforcement action. Subsequently, the trial court granted the motion to

substitute P, as executor of the estate of C, as a party defendant. Before

trial, in 1997, the parties settled their disputes by way of a stipulated

judgment. Following numerous complaints about the asphalt plant’s

operations with regard to the stipulated judgment, on October 28, 2015,

P, as executor of C’s estate, filed a motion to cite in A Co. as a defendant

and a second motion to be substituted as a party defendant. Those

motions were scheduled to be heard at the short calendar on November

23, 2015, and the calendar was posted on the Judicial Branch website. On

November 9, 2015, the parties negotiated modifications to the stipulated

judgment in an executive session of the plaintiff’s board of selectmen,

which was not open to the public. Subsequently, on November 12, 2015,

the parties filed a joint motion to open and modify the judgment, and

counsel for the defendants filed a caseflow request to be added to the

November 16, 2015 short calendar in order to expedite judicial approval

of a stipulated judgment modification, which the court approved. At the

November 16, 2015 short calendar, the trial court opened the judgment,

granted the motion to cite in, and accepted the stipulated judgment

modifications. Thereafter, one of the proposed intervenors, L, relying

on the online short calendar posting, appeared on November 23, 2015,

seeking to intervene pursuant to statute (§ 22a-19 [a] [1]) to raise claims

of environmental harm. At that time, L learned that the court had

accepted the stipulated judgment on November 16, 2015, but nonetheless

filed her motion to intervene. Another proposed intervenor, R, filed a

motion to intervene on December 9, 2015. Following a hearing, the trial

court denied L and R’s motions, and L and R appealed to this court.

They claimed that it was improper for the trial court to deny their

motions to intervene on the ground that there was no pending proceeding

because the plaintiff and the defendants had manipulated the timing of

the short calendar proceedings to their detriment, thereby denying them

their vested statutory rights to be heard under § 22a-19. They also

claimed that the stipulated judgment at issue was not rendered in compli-

ance with the statute (§ 8-8 [n]) that requires that the trial court hold

a hearing and approve such settlement. Held:

1. This court had jurisdiction to consider the appeal of L and R, even though

they did not file a petition for certification to appeal: the matter was a

consolidated proceeding that involved both a zoning appeal and a zoning

enforcement action, L and R could intervene in the zoning enforcement

action as a matter of right, and that right was inextricably intertwined

with the zoning appeal; furthermore, although a stipulated judgment

was rendered before L and R filed their motions to intervene, if this

court agreed with the claims that L and R were prevented from timely

filing their motions to intervene in contravention of the rules of practice,

there was relief that could be afforded to them and, therefore, the appeal

was not moot.

2. The trial court improperly denied L and R’s motions to intervene:

a. The plaintiff and the defendants, by filing a request for an earlier

hearing without a reasonable explanation, violated our rules of practice

and L and R’s right to timely, accurate notice: pursuant to the applicable

rule of practice (§ 11-15), the motion to open and modify the judgment

filed on November 12, 2015, could not properly be placed on the short

calendar before November 17, 2015, five days after the motion was filed,

although the parties’ caseflow request stated that the parties had agreed

to have the motions written onto the November 16, 2015 short calendar,

it did not state which motions were to be heard, that the settlement

involved a zoning matter, or a factual basis for the need to expedite the

proceeding, and there was no evidence in the record that L, R or the

general public were notified of the November 16, 2015 short calendar

proceedings, nor did the parties cite to any legal authority that the public

was not entitled to rely on the online November 23, 2015 short calendar

posting; accordingly, because the motions were heard on November 16,

2015, seven days earlier than originally noticed, L and R were denied

the opportunity to file their motions to intervene and were not permitted

to participate in the § 8-8 (n) hearing on the stipulated judgment, and

the trial court violated the rules of practice by granting the defendants’

request to have the matter be written on the November 16, 2015

short calendar.

b. L and R, who did not have timely notice of the date that the motion

to open and modify the stipulated judgment was to be heard, were

deprived of their right to file motions to intervene in a pending action

and, thus, were denied their right to intervene pursuant to § 22a-19 (a),

under which they had a right to participate for the purpose of raising

environmental concerns: L and R would have filed their motions in a

pending proceeding but for the parties’ manipulation of the date of the

short calendar hearing, and where, as here, any person or other legal

entity did not have notice that the modified judgment was being pre-

sented for judicial review, the public nature of the hearing was not

adequate for the purposes of § 22a-19 (a), and, therefore, L and R should

have been permitted to file their motions to intervene; moreover,

although the motions to intervene were not filed in a pending action,

given the violation of the rules of practice, the judgment denying the

motions to intervene could not stand.

Argued April 26—officially released November 7, 2017

Procedural History

Action for, inter alia, a temporary and permanent

injunction prohibiting the defendants from operating

an asphalt plant, and for other relief, brought to the

Superior Court in the judicial district of New London

and transferred to the Superior Court in the judicial

district of New London at Norwich; thereafter, the

court, Hendel, J., granted the defendants’ motion to

consolidate this action with an appeal filed by the defen-

dants from a decision of the plaintiff’s Zoning Board of

Appeals denying an appeal from a cease and desist

order; subsequently, the court, Booth, J., granted the

defendants’ motion to substitute Pasquale Camputaro,

Jr., executor of the estate of Pasquale Camputaro, as

a defendant; thereafter, the court, Handy, J., rendered

judgment in accordance with a stipulation of the parties;

subsequently, the matter was transferred to the Supe-

rior Court in the judicial district of New London; there-

after, the court, Cosgrove, J., granted the defendants’

motion to open and modify the judgment; subsequently,

the court, Cosgrove, J., granted the defendants’ motion

to cite in American Industries, Inc., as a defendant;

thereafter, the court, Vacchelli, J., denied the motions

to intervene filed by Kathryn B. Londe´ and Jeffrey Ryan,

and the proposed intervenors appealed to this court.

Reversed; further proceedings.

Derek V. Oatis, for the appellants (proposed inter-

venors).

Harry B. Heller, for the appellees (defendants).

Mark K. Branse, for the appellee (plaintiff).

Opinion

LAVINE, J. ‘‘The court . . . has continuing jurisdic-

tion to determine any claim of a vested right acquired

during the pendency of an action and prior to its with-

drawal, but . . . it must first reinstate it on the docket

before granting the relief sought. . . . There is no rea-

son why the trial court does not have jurisdiction to

restore a case that has been voluntarily withdrawn to

the active docket, just as it can open a judgment or

restore to the docket a case that has been erased.’’

(Internal quotation marks omitted.) Diamond 67, LLC

v. Planning & Zoning Commission, 117 Conn. App.

72, 79, 978 A.2d 122 (2009).

The would-be intervenors, Kathryn B. Londe´ and Jef-

frey Ryan (intervenors) appeal from the judgment of

the trial court rendered when the court, Vacchelli, J.,

denied their respective motions to intervene that were

filed pursuant to General Statutes § 22a-19 (a) (1).1 On

appeal, the intervenors claim that it was improper for

the court to deny their motions to intervene on the

ground that there was no pending proceeding because

(1) the plaintiff and the defendants2 manipulated the

timing of the short calendar proceedings to their detri-

ment, (2) they were denied their vested statutory rights

under § 22a-19 to be heard, and (3) the stipulated judg-

ment at issue was not rendered in compliance with

General Statutes § 8-8 (n). Under the somewhat unusual

procedural circumstances of this case in which our

rules of practice were violated, we agree with the inter-

venors and, therefore, reverse the judgment of the trial

court denying the motions to intervene and remand the

matter for further proceedings.

I

Before we consider the intervenors’ claims, we must

determine whether this court has jurisdiction to con-

sider the appeal. ‘‘Subject matter jurisdiction is the

power of the court to hear and determine cases of

the general class to which the proceedings in question

belong. . . . That determination must be informed by

the established principle that every presumption is to

be indulged in favor of jurisdiction. . . . Where the

court’s jurisdiction to hear a case is challenged, the

court must fully resolve the issue of subject matter

jurisdiction before proceeding with the case.’’ (Citation

omitted; internal quotation marks omitted.) Savoy

Laundry, Inc. v. Stratford, 32 Conn. App. 636, 639, 630

A.2d 159, cert. denied, 227 Conn. 931, 632 A.2d 704

(1993). We conclude that there is no jurisdictional infir-

mity to our resolving the merits of the appeal.

A

The defendants claim that this court lacks jurisdiction

to consider the appeal because the intervenors failed

to file a petition for certification to appeal pursuant to

certification from the Appellate Court in order to appeal

from the judgment of the trial court. There is no require-

ment, however, that a party obtain certification to

appeal from the trial court’s judgment in a zoning

enforcement action brought pursuant to General Stat-

utes § 8-12.

In the present appeal, the intervenors challenge the

court’s denial of their motions to intervene in a consoli-

dated proceeding that involved both a § 8-8 zoning

appeal and a § 8-12 zoning enforcement action. The

intervenors may intervene in the zoning enforcement

action as a matter of right; see General Statutes § 8-8

(n) and (p); and that right is inextricably intertwined

with the zoning appeal. See Santorso v. Bristol Hospi-

tal, 308 Conn. 338, 354 n.9, 63 A.3d 940 (2013) (jurisdic-

tion where factual and legal arguments of appeals

inextricably intertwined). We therefore conclude that

we may consider the appeal without a grant of certifi-

cation.

B

The second jurisdictional question is whether the

matter is moot because the underlying action had gone

to judgment at the time the motions to intervene were

filed and there is no relief that can be granted.3 We

conclude that the matter is not moot.

‘‘Mootness implicates [this] court’s subject matter

jurisdiction and is thus a threshold matter for us to

resolve. . . . It is a well-settled general rule that the

existence of an actual controversy is an essential requi-

site to appellate jurisdiction . . . . When, during the

pendency of an appeal, events have occurred that pre-

clude an appellate court from granting any practical

relief through its disposition of the merits, a case has

become moot.’’ (Internal quotation marks omitted.)

AvalonBay Communities, Inc. v. Zoning Commission,

87 Conn. App. 537, 542, 867 A.2d 37 (2005), aff’d, 280

Conn. 405, 908 A.2d 1033 (2006).

Although a stipulated judgment was rendered before

the intervenors were able to file their motions, we con-

clude nonetheless that there is relief that we can grant

them. See Diamond 67, LLC v. Planning & Zoning

Commission, supra, 117 Conn. App. 79. ‘‘Section 22a-

19 permits any person, on the filing of a verified plead-

ing, to intervene in any administrative proceeding [and

in any judicial review thereof] for the limited purpose

of raising environmental issues. . . . [Section] 8-8 (n)

requires the approval by the trial court of any settlement

of an administrative appeal. Because the agreement of

all parties is required to effectuate a settlement of an

administrative appeal . . . environmental intervenors

may oppose approval of a settlement agreement on the

basis of the environmental concerns to which they have

statutory standing.’’ (Citations omitted; footnote omit-

ted; internal quotation marks omitted.) Batchelder v.

Planning & Zoning Commission, 133 Conn. App. 173,

175–76, 34 A.3d 465, cert. denied, 304 Conn. 913, 40

A.3d 319 (2012).

If we agree with the intervenors’ claims that they

were prevented from timely filing their motions to inter-

vene in contravention of our rules of practice, there is

relief that we can grant them and, therefore, the appeal

is not moot. ‘‘The court . . . has continuing jurisdic-

tion to determine any claim of a vested right acquired

during the pendency of an action and prior to its with-

drawal, but . . . it must first reinstate it on the docket

before granting the relief sought.’’ (Internal quotation

marks omitted.) Diamond 67, LLC v. Planning & Zon-

ing Commission, supra, 117 Conn. App. 79.

II

The present appeal has its genesis in 1994 and con-

cerns real property located at 630 Plainfield Road in

Jewett City (property), where the original defendants,

as stated in the summons, Pasquale Camputaro4 doing

business as American Sand & Gravel, Inc., and Ameri-

can Sand & Gravel, Inc., operated an earth products

excavation, processing, and sales operation, as well

as a bituminous manufacturing facility (asphalt). The

zoning enforcement officer of the plaintiff town issued a

cease and desist order to cease operation of the asphalt

facility on the property. The original defendants con-

tended that the asphalt facility is a legally existing non-

conforming use and appealed from the cease and desist

order to the zoning board of appeals, which sustained

the order. The town also commenced an action against

the original defendants seeking an injunction and statu-

tory damages, claiming that the original defendants

were in violation of its zoning regulations.5 The original

defendants appealed from the cease and desist order to

the Superior Court, where the appeal was consolidated

with the town’s zoning action. Before trial, however,

the parties settled their disputes by way of a stipulated

judgment that was accepted by the court, Handy, J.,

on August 4, 1997.

The following timeline is relevant to the present

appeal. In 2014 and 2015, the town received numerous

complaints about the asphalt facility and that its opera-

tion did not comply with the 1997 stipulated judgment.

On October 28, 2015, the estate of Pasquale Camputaro

(estate), filed a motion to cite in American Industries,

Inc., (business) as a party defendant in the consolidated

action that had gone to judgment in 1997, and a second

motion to substitute Pasquale Camputaro, Jr., as execu-

tor of the estate, as a party defendant. See footnote 4

of this opinion. The motion to cite in states that the

business operates the ‘‘aggregate processing and bitu-

minous concrete manufacturing facility,’’ located on the

property, and ‘‘has been an integral party responsible

for the compliance with the orders set forth in the

stipulation to judgment in the above entitled matter

dated June 20, 1997, and therefore should be added as

a party defendant.’’ At the time, the motions were filed,

there was no action pending.6 The clerk scheduled the

motions to be heard at short calendar on November

23, 2015, and the calendar was posted on the Judicial

Branch website. On November 5, 2015, the matter was

transferred from the Superior Court for the judicial

district of Norwich to the Superior Court for the judicial

district of New London.

At 10:30 a.m., on Monday, November 9, 2015, the town

board of selectmen (board) held a special meeting.7 The

minutes of the meeting state that the board immediately

adjourned the public meeting to go into executive ses-

sion with the parties and their counsel to discuss ongo-

ing litigation. The executive session ended at 10:46 a.m.

When the meeting was reconvened, a motion was made,

seconded, and carried unanimously ‘‘to authorize and

delegate to the First Selectman with the assistance of

the Town Attorney, to negotiate and approve on behalf

of the Town of Griswold, modifications to the Stipulated

Judgment dated June 20, 1997, in the case of the Town

of Griswold v. Camputaro.’’ The meeting was adjourned

at 10:49 a.m. The desired negotiated modifications to

the stipulated judgment are not contained in or attached

to the minutes of the board’s November 9, 2015 meeting.

On November 12, 2015, the plaintiff, Pasquale Campu-

taro, Jr., and American Industries, Inc.,8 filed a joint

motion to open and modify the judgment; a fee of $125

was also paid at that time. In addition, on that date,

Harry Heller, counsel for the defendants, filed a

caseflow request, stating in relevant part ‘‘by consent

of the parties, the request is made to be added to [the]

Monday, November 16, 2015 short calendar in order

to expedite judicial approval of a stipulated judgment

modification.’’ The court, Cosgrove, J., approved the

request by order of November 16, 2015. Also, on Novem-

ber 16, 2015, Judge Cosgrove granted the motion to

open and modify the 1997 stipulated judgment. At that

time, Judge Cosgrove ordered that on or before Decem-

ber 17, 2015, the complaint be amended to state facts

showing the interest of the plaintiff. He also ordered

that the plaintiff summon the business to appear as a

defendant in the action on or before the second day

following December 29, 2015. In other words, the court

opened the judgment, granted the motion to cite in, and

accepted a stipulated judgment involving an entity that

had not yet been served with process. An amended

complaint and return of service were filed on December

1, 2015.

Londe´, relying on the calendar posting on the Judicial

Branch website, appeared at short calendar on Novem-

ber 23, 2015, prepared to file her motion to intervene

pursuant to § 22a-19 (a) (1).9 At that time, she learned

that Judge Cosgrove had accepted the stipulated judg-

ment on November 16, 2015. Londe´ nonetheless filed

her motion to intervene to raise claims of environmental

harm. On December 9, 2015, Ryan also filed a motion

to intervene pursuant to § 22a-19 (a) (1). The parties

filed joint objections to the motions to intervene. On

January 19, 2016, Judge Vacchelli heard argument from

the intervenors and the parties regarding the motions

to intervene.

The following colloquy between Judge Vacchelli and

Attorney Heller is significant:

‘‘Q: I’m just trying to understand what the window

is and how you analyze that. The intervenors are alleg-

ing that the window was—that you had a very tiny

window within which to act and the parties made it

even smaller by their manipulation of the system. Is it

your position that there’s no proceeding pending now

that they can intervene in because the court entered

judgment?

‘‘A: That’s correct, Your Honor.

‘‘Q: Okay. And the court—you moved to open the

judgment on November 12, [2015,] okay. The case

wasn’t opened yet but the matter was scheduled for a

hearing on November [16, 2015]. So isn’t it true that it

was opened and closed on the same day? It was opened

and then a new judgment entered and closed; is that

right? . . .

‘‘A: Yes, correct, Your Honor.

‘‘Q: So there was really nothing open until the court

opened it.

‘‘A: No, but there was a motion pending.

‘‘Q: Okay. The filing of the motion didn’t open the

case though and make it—

‘‘A: Correct. Only the court can open the case.

‘‘Q: So it was almost instantaneous. It was opened

and closed.’’

In his memorandum of decision, Judge Vacchelli

stated that the court was ‘‘not persuaded that the parties

unfairly manipulated the court’s calendar to avoid

notice to and participation by the [intervenors]. The

court agrees with the [intervenors] that a hearing on

the motion to open and modify judgment was necessary,

as it was in the nature, at least in part, of a settlement

of a land use appeal. General Statutes § 8-8 (n); cf.

Brookridge District Assn. v. Planning & Zoning Com-

mission, 259 Conn. 607, 618, 793 A.2d 215 (2002). Such

a hearing was held in this case on November 16, 2015,

albeit it was held earlier than ordinarily permitted.

Practice Book § 11-15. However, the early hearing was

consented to and requested by all appearing parties and

approved by the court. . . . The hearing was public,

and the parties had notice and opportunity to be heard,

and that is all that § 8-8 (n) requires. See Dietzel v.

[Planning Commission], 60 Conn. App. 153, 161, 758

A.2d 906 (2000). If the [intervenors] had called the par-

ties’ counsel, or the clerk’s office, or looked at the court

file, they would have known when the hearing was

taking place. Their failure to attend or file their

[motions] in a pending case was due to their own lack

of timely action. Ordinarily, basic fairness dictates that

the painstaking work by the parties and the court to

settle and resolve the case should not be disrupted by

intervention. Rosado v. Bridgeport [Roman] Catholic

Diocesan Corp., 276 Conn. 168, 229, 884 A.2d 981 (2005).

There is no legal or equitable argument that persuades

the court to undo the settlement in this case at this

time due to the way the matter was scheduled for court

action.’’ (Citation omitted; emphasis added.)

The court concluded that it could not consider the

motions to intervene because they were not timely filed

in a pending proceeding, and denied each motion. The

intervenors appealed.

III

On appeal, the intervenors claim that they did not

receive meaningful notice of the hearing on the parties’

motions, including the motion to modify the stipulated

judgment, in violation of our rules of practice; see Prac-

tice Book § 11-1 et seq.; and, therefore, they were denied

their vested right to intervene pursuant to § 22a-19 (a)

and to participate in the hearing on the modified settle-

ment as required by § 8-8 (n). We agree.

To resolve the claim, we must address the relevant

statutes and rules of practice, which implicate the right

to be heard. ‘‘The interpretation and application of a

statute, and thus a Practice Book provision, involves

a question of law over which our review is plenary.’’

Wiseman v. Armstrong, 295 Conn. 94, 99, 989 A.2d

1027 (2010).

A

The intervenors claim that the town and the defen-

dants manipulated the scheduling of the parties’

motions to a short calendar date, i.e., November 16,

2015, earlier than that posted on the Judicial Branch

website, i.e., November 23, 2015, and earlier than ordi-

narily permitted pursuant to our rules of practice. See

Practice Book § 11-15. However one chooses to charac-

terize it, the impact on the intervenors was the same—

it kept them in the dark about the proceeding.

Practice Book § 11-13 (a) provides in relevant part:

‘‘Unless otherwise provided in these rules or ordered

by the judicial authority . . . all motions and objec-

tions to requests when practicable, and all issues of

law must be placed on the short calendar list. No

motions will be heard which are not on said list and

ought to have been placed thereon . . . .’’ Practice

Book § 11-15 provides in relevant part: ‘‘Matters to be

placed on the short calendar shall be assigned automati-

cally by the clerk without written claim . . . . No such

matters shall be so assigned unless filed at least five

days before the opening of court on the short calendar

day. . . .’’ (Emphasis added.) Practice Book § 11-14

provides in relevant part: ‘‘Short calendar sessions shall

be held in each judicial district and geographical area

at least once each month, the date, hour and place to

be fixed by the presiding judge upon due notice to the

clerk. . . . Notice of the assigned date and time of the

motion shall be provided to attorneys and self-repre-

sented parties of record.’’

‘‘It is the settled rule of this jurisdiction, if indeed it

may not be safely called an established principle of

general jurisprudence, that no court will proceed to the

adjudication of a matter involving conflicting rights and

interests, until all persons directly concerned in the

event have been actually or constructively notified of

the pendency of the proceeding, and given reasonable

opportunity to appear and be heard.’’ (Emphasis

altered; internal quotation marks omitted.) Udolf v. West

Hartford Spirit Shop, Inc., 20 Conn. App. 733, 736, 570

A.2d 240 (1990).

‘‘The design of the rules of practice is both to facilitate

business and to advance justice; they will be interpreted

liberally in any case where it shall be manifest that a

strict adherence to them will work surprise or injustice.

. . . Rules are a means to justice, and not an end in

themselves . . . .’’ (Internal quotation marks omitted.)

Millbrook Owners Assn., Inc. v. Hamilton Standard,

257 Conn. 1, 16, 776 A.2d 1115 (2001). ‘‘These rules

[of practice] implement the fundamental principle of

judicial administration [t]hat no matter shall be decided

unless the parties have fair notice that it will be pre-

sented in sufficient time to prepare themselves upon the

issue.’’ (Internal quotation marks omitted.) Fattibene

v. Kealey, 18 Conn. App. 344, 353, 558 A.2d 677 (1989).

In Fattibene, the trial court imposed an award of attor-

ney’s fees as a sanction before the plaintiff could file

an objection to the motion for sanctions, which was

never placed on the short calendar. This court reversed

and remanded the issue for a new hearing. Id., 363.

There is no question that the motion to cite in and

the second motion to substitute party were filed on

October 28, 2015, and placed on the short calendar for

November 23, 2015.10 Londe´ noted the November 23,

2015 short calendar on the Judicial Branch website and

planned to attend. There also is no question that the

motion to open and modify the judgment was filed on

November 12, 2015. Pursuant to Practice Book § 11-15

that motion could not properly be placed on the short

calendar before November 17, 2015, five days after the

motion was filed. Heller, however, filed a request on

behalf of the defendants that the case be written on

the short calendar of November 16, 2015, which was

not five days subsequent to the filing of the motion to

open and modify the judgment. In the request to the

clerk, Heller stated that the parties had agreed to have

the motions written on the November 16, 2015 short

calendar, but did not state which motions were to be

heard or that the settlement involved a zoning matter.

The request also notably lacked a factual basis for the

need to expedite the proceeding.

We acknowledge that Practice Book § 11-13 (a) pro-

vides in relevant part that ‘‘[u]nless otherwise provided

in these rules or ordered by the judicial authority . . .

all motions and objections to requests when practicable

. . . must be placed on the short calendar list.’’ See

Countrywide Home Loans Servicing, L.P. v. Peterson,

171 Conn. App. 842, 846, 158 A.3d 405 (2017). Thus,

§ 11-13 (a) ‘‘allows for the expeditious, alternative, dis-

cretionary hearing of motions. The court need not place

a motion on a short calendar list if to do so would delay

the proceedings.’’ Udolf v. West Hartford Spirit Shop,

Inc., supra, 20 Conn. App. 736. The present case is

distinguishable from Udolf, a summary process action,

in which the trial court refused to hear the defendant’s

motion for an extension of time to contest whether a

default had occurred. Id., 734. This court held that the

trial court erred by failing to hear the motion for an

extension of time and subsequently rendering a judg-

ment of possession for the plaintiff. Id., 734, 736–37. A

trial court need not place a motion on a short calendar

if ‘‘to do so would delay the proceedings.’’ Id., 736.

See also Countrywide Home Loans Servicing, L.P. v.

Peterson, supra, 171 Conn. App. 844 (placing motion to

open on calendar would delay foreclosure proceeding;

court properly heard motion to open before law day

ran).

In the present case, Judge Cosgrove approved the

request to place the matter on the November 16, 2015

short calendar. The request stated that the matter

should be added to the Monday, November, 16, 2015

short calendar ‘‘to expedite judicial approval of a stipu-

lated judgment modification.’’ That statement falls short

of a factual explanation as to why a week’s time would

delay the proceedings in which a stipulated judgment

was rendered more than eighteen years earlier, the town

had been receiving complaints about the business for

approximately two years, and when only on November

9, 2015, did the board agree to stipulate to a settlement

that had not yet been negotiated with at least one entity

that was not yet a party.

We are unable to find evidence in the record, and

the parties have not directed us to any, that the matter

having been written on the November 16, 2015 short

calendar was brought to the attention of Londe´ or the

public in general. Nor have the parties cited any legal

authority that Londe´, Ryan, other would-be intervenors,

and the public generally were not entitled to rely on

the November 23, 2015 short calendar posting on the

Judicial Branch website. Because the motions were

heard on November 16, 2015, seven days earlier than

originally noticed, the intervenors were denied the

opportunity to file their motions to intervene and they

and others were not permitted to participate in the § 8-

8 (n) hearing on the stipulated judgment. By granting

the defendants’ request that the matter be written on

the November 16, 2015 short calendar, the court vio-

lated our rules of practice.

We disagree with the defendants’ argument that the

burden was on the intervenors to find out when their

motions were to be heard by the court. ‘‘Because of

the public impact of land use decisions, Connecticut’s

governing statutory scheme promotes public participa-

tion in such decision making, and particularly provides

for public hearings with substantial procedural safe-

guards. We have recognized that, [h]earings play an

essential role in the scheme of zoning and in its develop-

ment.’’ (Internal quotation marks omitted.) Willimantic

Car Wash, Inc. v. Zoning Board of Appeals, 247 Conn.

732, 739, 724 A.2d 1108 (1999). ‘‘The statutory scheme

provides for substantial procedural protections at the

[zoning board of appeals hearing] including notice

requirements, time limits for commencing the hearing

and for rendering all decisions, and requirements that

a record be made.’’ (Footnote omitted.) Id., 740. We

note that the minutes of the board meeting at which

the town agreed to settle the zoning matter by means

of a negotiated settlement do not include a record of

the proposed settlement. We also note that any discus-

sion of the settlement took place in executive session,

which the public was not permitted to attend.

Our Supreme Court agreed with this court when it

stated in the context of our statutory zoning scheme

that the general public and parties interested in a zoning

change are not expected to ‘‘employ the skills of a

research librarian to determine’’ the location of a partic-

ular piece of property. (Internal quotation marks omit-

ted.) Bridgeport v. Planning & Zoning Commission,

277 Conn. 268, 279, 890 A.2d 540 (2006). ‘‘[T]he purpose

of the notice requirement is to provide all interested

parties with full notice of all aspects of the proposed

modification.’’ (Emphasis in original.) Id. Although the

motions at issue were placed on the court’s short calen-

dar for November 23, 2015, which provided notice to

the public, including Londe´, who appeared at that calen-

dar, by filing their request for an earlier hearing without

reasonable explanation, the parties violated our rules

of practice and violated the intervenors’ right to timely,

accurate notice.

B

The intervenors claim that due to the violation of our

rules of practice addressed in part III A of this opinion,

they were denied their statutory right to intervene pur-

suant to § 22a-19 (a). We agree.

‘‘Section 22a-19 (a) provides in relevant part: In any

administrative, licensing or other proceeding, and in

any judicial review thereof . . . any person . . . or

other legal entity may intervene as a party on the filing

of a verified pleading asserting that the proceeding or

action for judicial review involves conduct which has,

or which is reasonably likely to have, the effect of unrea-

sonably polluting, impairing or destroying the public

trust in the air, water or other natural resources of the

state. Section 22a-19 (a) is in derogation of the common-

law right to intervention. . . . [S]tatutes in derogation

of common law should receive a strict construction

and [should not] be extended, modified, repealed or

enlarged in [their] scope by the mechanics of construc-

tion. . . . Environmental statutes, such as § 22a-19 (a),

however, are considered remedial in nature and are to

be construed liberally to accomplish their purpose. . . .

Bearing in mind these contradictory principles of statu-

tory construction, we must apply § 22a-19 (a) so as to

serve its legislative purpose and avoid absurd conse-

quences and bizarre results.’’ (Citations omitted; inter-

nal quotation marks omitted.) Diamond 67, LLC v.

Planning & Zoning Commission, supra, 117 Conn.

App. 80.

This court has held that § 22-19 (a) permits interven-

tion in a civil action for injunctive relief because an

action fell within the ambit of the ‘‘other proceeding’’

language of the statute. See Zoning Commission v.

Fairfield Resources Management, Inc., 41 Conn. App.

89, 115–16, 674 A.2d 1335 (1996). If a person not a party

has an interest or title which the judgment will affect,

the court, on his or her application, shall direct him or

her to be made a party. See State Board of Education

v. Waterbury, 21 Conn. App. 67, 70 n.4, 571 A.2d 148

(1990). Would-be intervenors have a right to intervene

pursuant to § 22a-19 (a), which permits intervention

only for the purpose of raising environmental issues.

See Connecticut Fund for the Environment, Inc. v.

Stamford, 192 Conn. 247, 248 n.2, 470 A.2d 1214 (1984).

In the present matter, save for the fact that the short

calendar hearing on the parties’ motions, including the

motion to open and modify the stipulated judgment,

was manipulated by the parties’ request to change the

date of the short calendar hearing, the intervenors

would have filed their motions in a pending proceeding.

The intervenors had no notice that the subject motions

in the present matter were to be heard on November

16, 2015, rather than on November 23, 2015. Moreover,

as Judge Vacchelli stated during the hearing on the

motions to intervene, the opening and closing of the

action was almost instantaneous, hardly the sort of

‘‘hearing’’ our law contemplates. He also stated during

the course of the hearing that a case is not opened

merely by filing a motion to open. A case is not opened

until the motion to open is granted by the court. We

agree.

The defendants argue that the parties agreed to have

the motions considered on November 16, 2015. That

well may be, but § 22a-19 (a) permits any person to

intervene. Without accurate notice of the date the

motion to open and modify the stipulated judgment was

to be heard, the intervenors were deprived of the right

to file motions to intervene in a pending action. In its

memorandum of decision, the trial court stated that

the hearing on the motion was public. That finding is

factually correct, but legally inaccurate in the context

of the present appeal. If any person or other legal entity

did not have notice that the modified judgment was

being presented for judicial review, the public nature

of the hearing was not adequate for the purposes of

§ 22a-19 (a). We therefore conclude that because the

intervenors did not have timely notice of a pending

action in which they could intervene, the case on

remand should be reopened and the intervenors permit-

ted to file their motions to intervene.11

C

The intervenors also claim that because their motions

to intervene were denied they could not participate in

the hearing on the stipulated settlement that failed to

conform to § 8-8 (n). We agree.

Section 8-8 (n) requires the approval by the Superior

Court of any settlement of any zoning board appeal

brought to the court. ‘‘Because the agreement of all

parties is required to effectuate a settlement of an

administrative appeal; see AvalonBay Communities,

Inc. v. Zoning Commission, [supra, 87 Conn. App. 556];

environmental intervenors may oppose approval of a

settlement agreement on the basis of the environmental

concerns to which they have statutory standing.’’ Bat-

chelder v. Planning & Zoning Commission, supra, 133

Conn. App. 175–76.

‘‘Under §§ 8-8 (n) and 22a-19, environmental interve-

nors have standing to raise environmental concerns

regarding settlements of administrative appeals and can

block the approval of settlements on that basis.’’ Id.,

181. A § 8-8 (n) hearing ‘‘is the statutorily prescribed

method for satisfying the public concerns raised by the

settlement of land use appeals.’’ Brookridge District

Assn. v. Planning & Zoning Commission, supra, 259

Conn. 618.

Our Supreme Court has had the opportunity to con-

sider what constitutes a hearing and judicial approval of

settlement agreements in land use and zoning disputes.

‘‘[A]ny person aggrieved by a decision of a municipal

zoning or planning board has a right to appeal to the

Superior Court. Should the parties to such a dispute

wish to settle the dispute once such an appeal has been

filed, § 8-8 (n) requires that the settlement be approved

by the Superior Court after a hearing has been held.’’

(Footnote omitted.) Willimantic Car Wash, Inc. v. Zon-

ing Board of Appeals, supra, 247 Conn. 734. ‘‘Section

8-8 (n) requires that no such appeal ‘shall be withdrawn

and no settlement between the parties to any such

appeal shall be effective unless and until a hearing has

been held before the Superior Court and such court

has approved such proposed withdrawal or settle-

ment.’ ’’ Id., 736.

According to a legal dictionary definition, a hearing

is a ‘‘proceeding of relative formality . . . generally

public, with definite issues of fact or of law to be tried,

in which witnesses are heard and evidence presented,

and in which parties to a dispute have a right to be

heard.’’ (Footnote omitted; internal quotation marks

omitted.) Id., 737–38. ‘‘Hearings feature prominently in

the zoning process because land use decisions are quint-

essentially decisions impacting the public. . . . Zoning

regulation represents the common decision of the peo-

ple to serve the common social and economic needs

. . . for their mutual advantage and welfare . . . .’’

(Citation omitted; internal quotation marks omitted.)

Id., 738.

This court ‘‘has recognized the policy of protecting

the public interest by holding open hearings prior to

Superior Court approval of a settlement of a land use

appeal.’’ Id., 741. ‘‘The purpose of the statute is to ensure

that zoning matters can be scrutinized by the public by

means of a public record. . . . The requirements of a

hearing and of court approval serve to protect the integ-

rity of the land use planning process by prohibiting side

or secret settlements by parties once there has been

an appeal to the Superior Court. . . . If, after appealing

to the Superior Court, the parties could settle their

dispute without the participation of the board and with-

out a public hearing with formal procedural protections,

the underlying statutory policy of protecting the public

interest would be at risk.’’ (Citations omitted; footnote

omitted; internal quotation marks omitted.) Id., 742.

‘‘[A] hearing held pursuant to § 8-8 [n] provides a

forum for a presentation of any challenges to a settle-

ment, including any allegations of bad faith, collusion or

other improper conduct by the parties to a settlement.’’

Brookridge District Assn. v. Planning & Zoning Com-

mission, supra, 259 Conn. 616. A hearing held pursuant

to §8-8 (n) must be open to the public. See Willimantic

Car Wash, Inc. v. Zoning Board of Appeals, supra,

247 Conn. 743. It requires that parties be permitted to

present evidence and to confront and cross-examine

witnesses. Id. ‘‘In approving a settlement affecting the

public interest . . . a trial court must be satisfied of the

fairness of the settlement.’’ (Internal quotation marks

omitted.) Id., 744.

In the present matter, because the parties’ motions,

including the motion to open and modify the stipulated

judgment, were written onto the November 16, 2015

short calendar, the intervenors, as well as the general

public, were deprived of notice of the hearing. The

defendants argue that the hearing was open to the pub-

lic, but there was no notice to the public that the hearing

was occurring on November 16, 2015. The intervenors

and the general public were entitled to rely on the notice

provided by the Judicial Branch website that posted

the November 23, 2015 short calendar.

This court previously reviewed a case in which the

Superior Court denied a § 22a-19 (a) motion to intervene

in a consolidated action. See Diamond 67, LLC v. Plan-

ning & Zoning Commission, supra, 117 Conn. App. 72,

77. In that case, the motion to intervene had been filed

in a pending proceeding. Id. The court, however, denied

the motion on different procedural grounds. Id., 76–77.

This court concluded that the grounds on which the

court denied the motion were improper and reversed

the judgment denying the motion to intervene and

remanded the case ‘‘to the Superior Court with direction

to open the judgment that was rendered in accordance

with the settlement and to grant [the] motion to inter-

vene. On remand, before rendering judgment in accor-

dance with a settlement between the plaintiffs and the

defendant, the court must conduct a hearing compliant

with § 8-8 (n) to review the settlement, in which [the

intervenor] is entitled to participate for the purpose

of raising environmental issues.’’ Id., 85. Although the

intervenors’ motions in the present case were not filed

in a pending action, given the violation of our rules of

practice as discussed in part III A of this opinion, we

conclude that the judgment should be reversed and the

case remanded in accordance with Diamond 67, LLC.12

The judgment denying the motions to intervene is

reversed and the case is remanded for further proceed-

ings consistent with this opinion.

In this opinion the other judges concurred.

* The listing of judges reflects their seniority status on this court as of

the date of oral argument.

1

General Statutes § 22a-14 provides: ‘‘Sections 22a-14 to 22a-20, inclusive,

shall be known and may be cited as the ‘Environmental Protection Act

of 1971’.’’

2

The plaintiff, the town of Griswold, did not submit a brief on appeal but

adopted the brief of the defendants Pasquale Camputaro, Jr., executor of

the estate of Pasquale Camputaro, and American Industries, Inc., and joined

on the supplemental brief of those defendants. It appears that American

Sand & Gravel, Inc., is still a defendant, as the action against it has not been

withdrawn, but it is not a party to this appeal. In this opinion, our references

to the defendants are to Pasquale Camputaro, Jr., and American Indus-

tries, Inc.

3

The intervenors and the defendants did not address mootness in their

briefs. Prior to oral argument, we ordered them to ‘‘be prepared to address

. . . whether the trial court was bound to dismiss the motions to intervene

as moot where the underlying actions had already gone to judgment at the

time the motions were filed.’’

4

Pasquale Camputaro died in October, 1996. Pasquale Camputaro, Jr.,

executor of the estate of Pasquale Camputaro, was substituted as a party

defendant in May, 1997. For some reason, a second motion to substitute

Pasquale Camputaro, Jr., as executor of the estate of Pasquale Camputaro,

in lieu of Pasquale Camputaro was filed on October 28, 2015, and granted

by the court, Cosgrove, J., on November 16, 2015.

5

The town alleged that the original defendants violated the town zoning

regulations by operating an asphalt facility in a residential zone and that

the business created a dangerous condition and objectionable noise, smoke,

dust, and fumes.

6

This court may take judicial notice of the files of the trial court in the

same or other cases. Disciplinary Counsel v. Villeneuve, 126 Conn. App.

692, 703 n.15, 14 A.3d 358 (2011).

7

The minutes of the special meeting indicate that the following individuals

were present: Kevin Skulczyck, first selectman; Steve Mikutel, second select-

man; Philip Anthony, third selectman; Mark Branse, town counsel; Eliza

Heinz, town counsel; Harry Heller, counsel for the business; Pat Camputaro

and John Versalone, for the business.

8

At the time the motion to open was filed, American Industries, Inc., was

not yet a party to the proceeding.

9

General Statutes § 22a-19 (a) (1) provides in relevant part: ‘‘In any admin-

istrative . . . proceeding, and in any judicial review thereof made available

by law . . . any person . . . may intervene as a party on the filing of a

verified pleading asserting that the proceeding or action for judicial review

involves conduct which has, or which is reasonably likely to have, the effect

of unreasonably polluting, impairing or destroying the public trust in the

air, water or other natural resources of the state.’’

10

No court, however, could rule on those motions as there was no action

pending. The underlying consolidated zoning matters had been settled by

stipulated judgment in 1997. No action was pending until the court granted

the motion to open.

11

We note that Judge Cosgrove ordered the plaintiff to amend its complaint

and serve the business on or before the second day following December

29, 2015. Following oral argument in this court, we issued the following order:

‘‘All parties are hereby ordered to submit simultaneous supplemental

briefs of no more than ten pages . . . to address the following questions:

‘‘1. Did the trial court, Cosgrove, J., have personal jurisdiction over Ameri-

can Industries, Inc., on November 16, 2015, when it opened the judgment

and accepted the modified stipulated judgment?

‘‘2. If not, did the trial court have authority to accept the stipulated

judgment on November 16, 2015?

‘‘3. If not, has a valid judgment entered?

‘‘4. If no valid judgment was entered on November 16, 2015, and because

the 1997 stipulated judgment was open, was the case pending at the time the

would-be intervenors filed their petitions to intervene pursuant to General

Statutes § 22a-19 and at the time the trial court, Vacchelli, J., denied their

petitions to intervene?’’

In resolving this appeal, we need not decide whether the court had per-

sonal jurisdiction over the business. We also need not determine whether

the court effectively retained jurisdiction over the matter pending the return

of service as to the business.

12

On appeal, the defendants claim that (1) the trial court did not have

authority to entertain environmental issues which exceeded the administra-

tive jurisdiction of the plaintiff in the underlying administrative proceeding

and (2) the petitions filed by the intervenors failed to satisfy the statutory

requirements of § 22a-19 (a) (2). Judge Vacchelli did not reach the merits

of the petitions to intervene, and therefore, the defendants’ claims are not

properly before us.