The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Appellate Court Opinions

by Booth, George


AC44255 - Avon v. Freedom of Information Commission (Administrative appeal; subject matter jurisdiction; "The self-represented defendant, Joao Godoy, appeals from the judgment of the trial court, which he claims sustained in part the administrative appeal filed by the plaintiffs, the town of Avon (town), the Avon Police Department (department), and the Avon Police Chief, from the final decision of the defendant Freedom of Information Commission (commission). The commission found that the plaintiffs violated the Freedom of Information Act (act), General Statutes § 1-200 et seq., by requiring Godoy to sign an acknowledgment form before releasing copies of the public records he had requested and ordered that the plaintiffs shall not require the signing of such a form as a condition precedent to the inspection or receipt of copies of public records. The court affirmed the commission's decision as to the provision of copies but reversed the commission's order "to the extent that" it applied to the inspection of original public records. We conclude that, because the only public records sought by Godoy in the present case were copies, the court's statements regarding original public records are merely dicta, and, consequently, Godoy is not aggrieved by the judgment. Accordingly, we dismiss the appeal for lack of jurisdiction.")

AC43314 - Kiyak v. Dept. of Agriculture (Appeal of animal control officer's disposal orders pursuant to statute (§ 22-358); claim that § 22-358 (c) was unconstitutionally vague as applied because it permitted animal control officers to issue disposal orders as they deem necessary, thereby authorizing arbitrary enforcement; "The plaintiff, Michael Kiyak, appeals from the judgment of the Superior Court dismissing his administrative appeal from the final decision of the defendant Department of Agriculture (department) to uphold two disposal orders issued by an animal control officer for the defendant town of Fairfield (town) to euthanize the plaintiff's German shepherd dog pursuant to General Statutes § 22-358. On appeal, the plaintiff claims that the court erred in dismissing his appeal because (1) § 22-358 (c) is unconstitutionally vague as applied in that the word "necessary," concerning the issuance of a disposal order, authorizes arbitrary enforcement of the statute, (2) the department's hearing officer violated the plaintiff's right to procedural due process by using inadequate procedures in upholding the disposal orders, and (3) the hearing officer erred in designating Animal Control Officer Paul Miller as an expert. We affirm the judgment of the Superior Court dismissing the plaintiff's appeal.")