(a) The commissioner or any person aggrieved by any regulation, order, decision or action made pursuant to sections 22a-36 to 22a-45, inclusive, by the commissioner, a district or municipality or any person owning or occupying land which abuts any portion of land within, or is within a radius of ninety feet of, the wetland or watercourse involved in any regulation, order, decision or action made pursuant to said sections may, within the time specified in subsection (b) of section 8-8, from the publication of such regulation, order, decision or action, appeal to the superior court for the judicial district where the land affected is located, and if located in more than one judicial district to the court in any such judicial district. Such appeal shall be made returnable to the court in the same manner as that prescribed for civil actions brought to the court, except that the record shall be transmitted to the court within the time specified in subsection (i) of section 8-8. If the inland wetlands agency or its agent does not provide a transcript of the stenographic or the sound recording of a meeting where the inland wetlands agency or its agent deliberates or makes a decision on a permit for which a public hearing was held, a certified, true and accurate transcript of a stenographic or sound recording of the meeting prepared by or on behalf of the applicant or any other party shall be admissible as part of the record. Notice of such appeal shall be served upon the inland wetlands agency and the commissioner, provided, for any such appeal taken on or after October 1, 2004, service of process for purposes of such notice to the inland wetlands agency shall be made in accordance with subdivision (5) of subsection (b) of section 52-57. The commissioner may appear as a party to any action brought by any other person within thirty days from the date such appeal is returned to the court. The appeal shall state the reasons upon which it is predicated and shall not stay proceedings on the regulation, order, decision or action, but the court may on application and after notice grant a restraining order. Such appeal shall have precedence in the order of trial.(b) The court, upon the motion of the person who applied for such order, decision or action, shall make such person a party defendant in the appeal. Such defendant may, at any time after the return date of such appeal, make a motion to dismiss the appeal. At the hearing on such motion to dismiss, each appellant shall have the burden of proving such appellant's standing to bring the appeal. The court may, upon the record, grant or deny the motion. The court's order on such motion may be appealed in the manner provided in subsection (p) of section 8-8.(c) The proceedings of the court in the appeal may be stayed by agreement of the parties when a mediation conducted pursuant to section 8-8a commences. Any such stay shall terminate upon conclusion of the mediation.(d) No appeal taken under subsection (a) of this section 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 the court has approved such proposed withdrawal or settlement.(e) There shall be no right to further review except to the Appellate Court by certification for review in accordance with the provisions of subsection (o) of section 8-8.Conn. Gen. Stat. § 22a-43
(1972, P.A. 155, S. 8; P.A. 73-571, S. 5, 9; P.A. 76-436, S. 461, 681; P.A. 77-603, S. 13, 125; P.A. 78-280, S. 1, 127; P.A. 84-227, S. 3; P.A. 87-338, S. 8, 11; P.A. 89-356, S. 9; P.A. 91-136; P.A. 95-151, S. 1; P.A. 96-180, S. 76, 166; P.A. 00-108, S. 1; P.A. 01-47, S. 3; 01-195, S. 173, 181; P.A. 02-132, S. 66; P.A. 04-78, S. 2; P.A. 17-48, S. 19.)
Amended by P.A. 17-0048, S. 19 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017. Rule that party who seeks advantage under a statute or ordinance is precluded from subsequently attacking validity raises question that claim could properly be litigated by appeal; jurisdictional claims are appropriate for resolution by declaratory judgment. 178 C. 173. Cited. 179 Conn. 250; 180 Conn. 421; Id., 692; 183 Conn. 532; 186 Conn. 67; 196 Conn. 218; 203 Conn. 525; 209 Conn. 544; Id., 652; 212 Conn. 710; Id., 727; 213 Conn. 604; 215 Conn. 616; 216 Conn. 320; 217 Conn. 164; 218 Conn. 703; 219 Conn. 404; 220 Conn. 54; Id., 362; Id., 476; 221 C. 46; 222 Conn. 98; 226 Conn. 579; 228 Conn. 95; 229 Conn. 247; Id., 627; Id., 654; 242 Conn. 355. Intervenors before inland wetlands commission pursuant to Sec. 22a-19 were entitled to appeal to trial court from commission's decision; plaintiffs' allegations that regulated activities allowed by permit granted to applicant by inland wetlands commission would have specific "deleterious effect" and "impact" on environmental resources were sufficient to withstand a motion to dismiss for lack of standing. 289 Conn. 12. Cited. 4 Conn.App. 271; 5 Conn.App. 70; 6 Conn.App. 715; 7 Conn.App. 283; 12 Conn.App. 47; 15 Conn.App. 336; 18 Conn.App. 440. Exception clause applied to state agencies only. 19 Conn.App. 713. Cited. 20 Conn.App. 309; 24 Conn.App. 163; Id., 708; 25 CA 164; Id., 543; judgment reversed, see 222 C. 541; 26 Conn.App. 564; 27 Conn.App. 214; Id., 590; 28 Conn.App. 262; Id., 435; Id., 780; 29 Conn.App. 12; Id., 105; 31 Conn.App. 105; Id., 599; judgment reversed, see 229 Conn. 627; 32 Conn.App. 799; 34 Conn.App. 385; 36 Conn.App. 270; 37 Conn.App. 166; 43 Conn.App. 239. Cited. 35 Conn.Supp. 145; 36 Conn.Supp. 1; 41 Conn.Supp. 184; Id., 444; 42 Conn.Supp. 57. Subsec. (a): Related service of notice on commissioner is not defect that flaws subject matter jurisdiction. 211 Conn. 416. Cited. 222 Conn. 541; 242 Conn. 335. Provisions govern appeals from commission to Superior Court, not proceedings before commission. 30 Conn.App. 85. Cited. 31 CA 155. Trial court properly dismissed plaintiff's appeal from decision of municipal conservation commission as the service of process requirements set forth in Sec. 8-8(f) applied to zoning appeals taken prior to October 1, 2004, and consequently plaintiff was required to serve process on commission's chairperson. 101 CA 238. "Publish" and "publication" are not interchangeable terms under Subsec., and although commission did not "publish" notice of its order in a newspaper, "publication" was accomplished; Sec. 22a-44, rather than this section, applies to cease and desist orders. 114 Conn.App. 695.