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.

Civil Procedure Law Appellate Court Opinion

by Zigadto, Janet

 

AC44152 - Williams v. Mansfield (The self-represented plaintiff, Stephen J. Williams, appeals from the judgment of the Superior Court dismissing as moot his appeal filed pursuant to General Statutes § 7-152b (g) and Practice Book § 23-51 (a) from an assessment imposed pursuant to § 7-152b (e) by the defendant, the town of Mansfield (town), with respect to a $30 parking ticket, and denying his motion for an order of mandamus to compel the taxation of costs (motion to compel). On appeal, the plaintiff claims that the court improperly (1) concluded that it lacked subject matter jurisdiction to consider his appeal, which the court concluded was rendered moot after the town elected to void the underlying parking ticket, and (2) determined that he was not the prevailing party on appeal and, thus, not entitled to costs. We conclude that the plaintiff's appeal was not moot and, therefore, that the court improperly dismissed the appeal on the ground that it lacked subject matter jurisdiction. Rather, the court should have rendered judgment sustaining the appeal and ordered that the underlying assessment be vacated. We further conclude that the court improperly denied the plaintiff's motion to compel the taxation of costs solely on the ground that the plaintiff was not the prevailing party on appeal. Accordingly, we reverse the judgment and remand the case with direction to render judgment sustaining the appeal and ordering the town's hearing officer to vacate the assessment, and for further proceedings on the merits of the plaintiff's motion to compel the taxation of costs.")