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.

Election Law Supreme Court Opinion

by Booth, George


SC20007 - Cook-Littman v. Board of Selectmen (Writ of mandamus; "In this appeal, we consider how a town charter provision that controls the filling of vacancies on that town's board of selectmen relates to General Statutes § 9-222, which provides a statutory procedure for filling such vacancies, in light of the home rule principles that govern the relationship between municipalities and the state.The defendants town of Fairfield (town) and its Board of Selectmen (board) appeal from the judgment of the trial court granting an application by the plaintiffs, five individual electors of the town, for a writ of mandamus ordering a special election for a vacant seat on the board. On appeal, the defendants claim, inter alia, that article VI, § 6.3 (B), of the Fairfield Town Charter (charter), which does not provide for a special election when the board has acted to fill a vacancy within thirty days, is controlling over § 9-222, which contemplates the possibility of a petition for a special election to fill such a vacancy even after the board has acted, and that, therefore, the trial court improperly issued a writ of mandamus compelling a special election in the present case. We agree with the defendants and, accordingly, reverse the judgment of the trial court.")