Town of East Haven v. City of New Haven
Town of East Haven v. City of New Haven
Opinion of the Court
This action involves questions relating to a municipal airport owned and operated by the city of New Haven and located in New Haven and East Haven. The boundary line between the two municipalities runs through the area used as the airport. The airport was established pursuant to the provisions of Special Acts 1927, No. 267, as amended by Special Acts 1929, No. 266. 20 Spec. Laws 289, 849. The 1929 act provided: “The city of New Haven is authorized to establish and maintain an airport within the limits of said city and the town of East Haven and to acquire property as a site for such airport, either by purchase or by condemnation proceedings under the provisions of the general statutes.”
Prior to April 17, 1940, New Haven purchased a large tract of land for the purpose of expanding the airport. At that time, a highway known as Thompson Avenue ran between New Haven and East Haven, and in order to implement the plans to expand the airport it was necessary to close Thompson Avenue. Following negotiations between the two municipalities, East Haven and New Haven on August 13,1940, entered into a written contract pursuant to appropriate actions by the board of aider-men of the city of New Haven and the town meeting of the town of East Haven. Under the terms of the contract, New Haven agreed to reimburse East Haven for any damages which East Haven might be required to pay as a result of the closing of the portion of Thompson Avenue which lay within the limits of the town of East Haven. East Haven closed the East Haven portion of Thompson Ave
In 1967 New Haven purchased an additional seventy-three acres of land in East Haven to expand the airport and extend the north-south runway. Permission for this acquisition was not obtained from the town of East Haven, nor was its approval obtained for the proposed airport expansion. The city of New Haven pays no taxes on the airport property it owns in East Haven, and the town registered its disapproval of the airport expansion. In April, 1967, the board of aldermen of the city of New Haven, in accordance with the plan to extend the runway, formally voted that Uriah Street, in that city, from the city line to the westerly boundary of the airport “shall be closed, and vacated,” and Uriah Street was effectively closed to through traffic by the action of the city in causing a section of pavement in the road to be torn up.
This summary of the factual background of the present action, although incomplete in many details, suffices for an understanding of the bitterly contested claims of the parties and the reasons for our decision on this appeal. The plaintiffs are the town of East Haven and five residents of the town, acting for themselves and, pursuant to General Stat
In a second count the plaintiffs alleged that in April, 1967, the city of New Haven publicly announced its intention to expand the airport further into East Haven, that the approval of East Haven had not been obtained for that expansion, that despite East Haven’s disapproval work proceeded on the expansion and that unless New Haven is prevented from continuing the expansion the plaintiffs will suffer irreparable damage. By way of
By way of answer thé defendants admitted that the two municipalities had entered into an agreement on August 13, 1940, but expressly denied that the agreement contained the terms and provisions alleged by the plaintiffs and also denied that approval by East Haven was necessary before New Haven could proceed with the work of expanding the airport. By way of special defense the defendants pleaded that their actions were necessary and were designed to operate the airport more efficiently and safely, pursuant to the directives of state and federal agencies, and that to grant the injunctive relief sought by the plaintiffs would be harsh, inequitable and oppressive. The defendants also pleaded that they stood ready, willing and able to construct a substitute or replacement road in the vicinity which would equally, or even more beneficially, facilitate vehicular traffic in the area.
The trial court concluded, inter alia, that East Haven had both a legal and equitable right to the continued existence of the road which replaced
Basic to the ultimate conclusions of the court are the conclusions that East Haven has a legal and equitable right to the continued existence of “this replacement road” and that the “agreement of
The Statute of Frauds is of ancient origin, and, as codified in this state in General Statutes § 52-550,
The court’s memorandum of decision indicates that it inferred the existence of an agreement on the part of New Haven to keep Uriah Street open for the benefit of East Haven, as a result of which that town acquired a right to its continued existence. It is unnecessary to determine whether or not such an inference could reasonably and logically be drawn from any testimony submitted during the trial, since unless there existed a written memorandum satisfying the requirements of the Statute of Frauds the evidence was legally insufficient to support the court’s conclusion and judgment. The record is devoid of evidence of any writing sufficient to meet these requirements, and the conclusion of the court, accordingly, cannot be supported. It follows that so far as Uriah Street in New Haven is concerned the court erred in adjudging that East Haven has a legal and equitable right to its continued existence and in enjoining New Haven from blocking the use of that street.
The defendants assign error in the refusal of the trial court to include in their claims of law the following: “The relief claimed interferes with interstate commerce.” The trial court expressly found that the defendants failed to raise this claim at the trial and that it should not be entertained as a valid claim of law. The defendants urge that it was raised in a pretrial brief and in a brief “in lieu of claims of law.” Neither of the named documents is in the record or the appendix to the defendants’
The remaining decisive issue on the appeal concerns the order issued by the court enjoining New Haven “from performing any acts calculated to expand its airport into, on or over any portion of East Haven for which expansion permission has not been obtained from said Town, whether such expansion takes the form of physical expansion or the mere maintenance of clear zones over property located in East Haven.” This injunction is predicated on the conclusion of the trial court that § 15-79 of the General Statutes, as it then existed, repealed the special act of 1929, under the provisions of which the General Assembly granted to New Haven the right “to establish and maintain an airport within the limits of said city and the town of East Haven and to acquire property as a site for such airport, either by purchase or by condemnation proceedings under the provisions of the general statutes.” Thus New Haven was permitted by the special act to purchase or condemn land for an airport in the town of East Haven without securing approval from that town.
In order to determine the correctness of the trial court’s conclusion, an examination of the legislative history of the statutes involved is required. At the same session of the legislature (1929), the General Assembly enacted chapters 236 and 253 of the Public Acts of 1929, both of which concerned aeronautics and became the major part of chapter 185 of the 1930 Revision of the General Statutes. Section 1 of chapter 236 became § 3092 of that Revision, which provided as follows: “Any town, city or borough may establish an airport in any location which shall have been approved by the commissioner. Any
At the same legislative session the General Assembly adopted chapter 135 of the 1929 Public Acts (now §12-74 of the General Statutes), which exempted from taxation, subject to certain conditions, “[a] 11 property owned by any town or city, which is located in another town and used for the purposes of an airport.” It is noteworthy also that the manner of condemnation of land for airport purposes was that prescribed by General Statutes for the taking of land for state institutions—wherein the matter is referred to a state referee—rather than the statutory method of condemnation employed by municipalities—three disinterested persons. See chapter 185 of the 1929 Public Acts and State v. Giant’s Neck Land & Improvement Co., 116 Conn. 119, 124, 163 A. 651. These statutes clearly indicated the intention of the legislature to promote and encourage aviation by bringing about an increase in the number of municipal airports in the state and their extension into other municipalities without limitation as to their desirability in the towns into which they would intrude. At this time the policy expressed in the 1929 special act authorizing New Haven to establish and maintain an airport in New Haven and East Haven was not in conflict with the basic legislative policy expressed in § 3092 (Rev. 1930) of permitting the extension of airports into other municipalities by purchase or by con
In the Special Session of May, 1946, Public Act No. 10 of that session was adopted. Section 49 of that act repealed all but two sections of chapter 185 of the Bevision of 1930, and § 3092 was among those repealed. A new chapter on aeronautics was adopted. Section 42 of the act, as amended by § 833i of the 1947 Supplement, provided as follows: “The state or any municipality, or any two or more municipalities jointly, may establish, maintain and operate an airport at any location within the state approved by the commission and by the municipality or municipalities within which such airport is to be established, and where such airport is established by a municipality or two or more municipalities, jointly, such airport shall also have been approved by such municipality or municipalities in manner as follows: Towns, by vote of the town; cities, by vote of the city council; and boroughs, by vote of the borough; and may take any such land or interest therein for such establishment or for the expansion or improvement of an airport when, in the opinion of the commission, public convenience or safety requires, and when the approval of the municipality or municipalities in which such land is located has been legally obtained, upon paying just compensation to the owner of such land or interest therein. In case the state or such municipality or municipalities cannot agree with such owner upon the amount of such compensation, the same shall be determined in the manner prescribed in section 5072, as amended by section 1311e, for the taking of land for state institutions . . . .” This section, known as § 15-79 of the General Statutes, in effect at the time of trial, was a drastic change in legislative policy from that
The plaintiffs claim that while this general statute (§ 15-79) does not expressly repeal the 1929 special act (20 Spec. Laws 849, No. 266) it is basic law that when a later general statute covers the whole subject to which it relates it will be held to repeal by implication all prior statutes on the subject matter, whether general or special. If New Haven is bound by § 15-79, it could not expand its airport into the town of East Haven without that town’s permission. The statute gives to a municipality authority to enlarge its airport into another town by purchase or by exercise of the power of eminent domain, but only with the approval of the other town. “Towns and cities under our form of government in Connecticut, have no inherent right of self-government, and no powers save such as are granted to them by the legislature, expressly or by necessary implication, subject, of course, to constitutional limitations.” Connelly v. Bridgeport, 104 Conn. 238, 252, 132 A. 690.
On the question whether the enactment of the predecessor of § 15-79 repealed the earlier special
“When a subsequent enactment covering a field of operation coterminous with a prior statute cannot by any reasonable construction be given effect while the prior law remains in operative existence because of irreconcilable conflict between the two acts, the latest legislative expression prevails, and the prior law yields to the extent of the conflict.” 1 Sutherland, Statutory Construction (3d Ed.) § 2012, p. 463. “There is no rule which prohibits the repeal by implication of a special or specific act by a general or broad one. The question is always one of legislative intention, and the special or specific act must yield to the later general or broad act, where there is a manifest legislative intent that the general act shall be of universal application notwithstanding the prior special or specific act.” 50 Am. Jur. 565, Statutes, § 564.
“Even where the two Acts are not in express terms repugnant, yet if the later one covers the whole subject of the former, and embraces new provisions plainly showing that it was intended as a substitute for the former, it will operate as a repeal of the former. United States v. Tynen [78 U.S. (11 Wall.) 88].” Fair Haven & W.R. Co. v. New Haven, supra. “So far as pre-existing provisions, by their repugnancy or inconsistency, stand in the way of the full and effective operation of the final expressed will of the legislature, they stand, in law, as pro
The city of New Haven urges that since the special act permitted it to expand its airport into the town of East Haven by purchase as well as by condemnation of land, and since § 15-79 prohibits the taking of land for airport purposes in another town without permission of that town only in the exercise of eminent domain, the city of New Haven, having acquired land in the town of East Haven by purchase, cannot be prevented from using it for airport purposes since, in this respect, there is no repugnancy between the two statutes. With this we cannot agree. The provisions of § 15-79 and its predecessor, $ 833i of the 1947 Supplement to the General Statutes are, in pertinent part, identical: “In ease the state or such municipality or municipalities cannot agree with such owner upon the amount of such compensation, the same shall be determined in the manner prescribed ... for the taking of land for state institutions . . . .” This statute not only permits purchase of such land but by its terms makes it incumbent upon the condemnor to exhaust all reasonable efforts to obtain the land it desires by agreement. West Hartford v. Talcott, 138 Conn. 82, 89, 82 A.2d 351. “Inability to agree is a condition precedent to relief under the statute . . . ; General Statutes § 15-79 . . . .” State v. Fahey, 147 Conn. 13, 15, 156 A.2d 463.
Between 1929 and 1946 airplanes and airports were drastically changed. Planes were larger and faster and needed greater areas for takeoff and landing. An airport which was adequate in 1929
We conclude that the subject matter of § 15-79 covers the whole field of the establishment, expan
A further question arises as to whether the trial court was correct in prohibiting the defendants from expanding into the town of East Haven by the maintenance of “clear zones” over property in East Haven. Section 15-34 (7) of the General Statutes defines “Airport” as “any area of land or water . . . which is designed for the landing and take-off of aircraft ... or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way.” Section 15-34 (9) defines “Airport protection privileges” as “easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports . . . and other protection privileges the acquisition or control of which is necessary to insure safe approaches to the landing areas of airports . . . and the safe and efficient operation thereof.”
From these definitions it is obvious that clear zones are embraced within “airport protection privileges” and are not part of “airports” per se. Section 15-73,
There is error in the portion of the judgment wherein the trial court adjudged that the plaintiff town of East Haven has a legal and equitable right to the continued existence of Ora Avenue-Uriah Street and enjoined the defendants from blocking, interfering with or in any way impeding the layout and use of Ora Avenue-Uriah Street as it existed from 1940 to April, 1967.
There is no error in the remaining portion of the judgment to the extent that it enjoins the defendants from performing any acts to expand their airport into, on or over any portion of East Haven for which expansion permission has not been obtained from that town, whether such expansion takes the form of physical expansion or whether it takes the form of the maintenance of clear zones over property located in East Haven.
The remaining assignments of error do not require discussion.
There is error in part, the judgment is set aside and the case is remanded with direction to render judgment in accordance with this opinion.
In this opinion Alcorn, C. J., and Cotter, J., concurred.
Section 15-79 was amended by 1967 Public Act No. 694, effective on October 1, 1968, which, date was subsequent to the May 14, 1968, judgment in this case. The statute as thus amended was repealed by $ 263 of 1969 Public Act No. 768. Section 38 of that act was enacted with substantially the same provisions so far as they are relevant to the present opinion.
It is noteworthy that §§15-34(7) and (9) as well as §15-73 were, together with § 15-79, first adopted as part of Public Act No. 10 of the May, 1946, Special Session.
Dissenting Opinion
(dissenting).
I do not agree with the portion of the opinion which holds that subsequent legislation repealed Special Acts 1929, No. 266 (20 Spec. Laws 849), by which the General Assembly expressly granted to New Haven the right “to establish and maintain an airport within the limits of said city and the town of East Haven and to acquire property as a site for such airport, either by purchase or by condemnation proceedings under the provisions of the general statutes.” There has been no express repeal, and repeal by implication is not favored. Knights of Columbus Council v. Mulcahy, 154 Conn. 583, 591, 227 A.2d 413. The established rule of statutory construction in this state has remained unchanged since it was early expressed in 1 Swift, Digest, p. 12, in 1822: “Later statutes repeal prior contrary statutes. This must be understood where the statutes are expressly contrary or negative words are used: otherwise, if both the statutes can be reconciled, they must stand and have a concurrent operation.”
“ ‘A statute is impliedly repealed by a later statute only if the latter is necessarily repugnant to the former.’ Landry v. Personnel Appeal Board, 138 Conn. 445, 451, 86 A.2d 70, and cases cited. They are ‘repugnant only when both cannot reasonably be given effect.’ State v. Giant’s Neck Land & Improvement Co., 116 Conn. 119, 122, 163 A. 651. If courts can by any fair interpretation find a reasonable field of operation for both statutes without destroying or perverting their evident meaning and intent, it is the duty of the courts to do so, thus reconciling them and according them concurrent effect. Leete v. Griswold Post, 114 Conn. 400, 405, 158 A. 919; Costa v. Reed, 113 Conn. 377, 385, 155 A. 417, and cases cited; 1 Sutherland, Statutory Construction (3d
New Haven was first granted legislative authority to establish an airport by Special Act No. 267 of the 1927 session of the General Assembly. 20 Spec. Laws 289. This act authorized New Haven “to establish and maintain an airport within the limits of said city.” Significantly, the 1929 session by Special Act No. 266 (20 Spec. Laws 849), amended the 1927 act to authorize New Haven “to establish and maintain an airport within the limits of said city and the town of East Haven.” It was this same 1929 session, which thus expressly authorized New Haven to acquire airport land in East Haven, which also enacted chapter 236 of the 1929 Public Acts, the predecessor of § 15-79 of the General Statutes, providing a general authority for the future establishment of
I find nothing in the subsequent legislation repugnant to or irreconcilable with, much less implying the repeal of, the special authority granted to New Haven by the 1929 special act to acquire land in East Haven for its airport. On the contrary, I conclude that not only is there no repugnancy between the General Statutes and the 1929 special act authorizing the creation of the New Haven airport in that city and in the town of East Haven but it is manifest that the General Assembly specifically intended that the New Haven airport, as one of the first airports to be established in the state, should be an exception to the general provisions which should govern airports thereafter “to be established.” § 15-79.
In view of this basic disagreement with the conclusion reached in the majority opinion as to this aspect of the case it is unnecessary to comment further on that opinion. I would, however, note my doubt that § 15-79 of the General Statutes as it existed at the time in question encompassed the situation, presented by this case, where a municipality has by purchase acquired land for airport purposes. That statute provided that a municipality or municipalities “may talce any such land or interest therein . . . for the expansion or improvement of an airport” upon compliance with the procedures prescribed in the statute. (Emphasis added.) Despite the implication of the majority opinion as to the
In this opinion Thim, J., concurred.
Reference
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- Town of East Haven Et Al. v. City of New Haven Et Al.
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