Connecticut Freedom of Information Commission

Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

Final Decision FIC75-6
In the Matter of a Complaint by
Bernard E. Lynch, Jr., Complainant
 Report of Hearing Officers
against
 Docket #FIC75-6
Planning and Zoning Commission of
the Town of Hamden, Respondent		 November 17, 1975
     The above captioned matter was heard as a contested case on November 12, 1975, at which time the complainant and the respondent appeared.  At said time, the respondent filed a Plea in abatement and Motion to Dismiss contesting the jurisdiction of this Commission over said matter.  The Hearing Officers having reason to believe that this Commission lacked jurisdiction over the subject matter, adjourned the hearing pending their determination as to whether this Commission, in fact, has such jurisdiction.  The respondent having submitted a brief in support of its Plea in Abatement and Motion to Dismiss, the Hearing Officers set November 14, 1975 as the final date for filing briefs as to the jurisdiction of this Commission over the subject matter herein.
     Upon consideration of the entire record, the Hearing Officers are of the opinion that this Commission lacks jurisdiction over the subject matter of the present complaint for the following reasons:
1.  It appears from the complaint (letter addressed to this Commission dated October 20, 1975 together with attachments) that the alleged violation would have occurred on September 16, 1975, at which time there was, or was not, a scheduled public meeting of the respondent Commission.
2.  The rights and powers conferred by P.A. 75-342 did not become effective until October 1, 1975.  See Section 19 of P.A. 75-342.
3.  Consequently, this Commission does not have jurisdiction to determine alleged violations of said law occurring prior to October 1, 1975.
     In view of the foregoing, the following order by this Commission is hereby recommended on the basis of the record concerning the above captioned complaint:
1.  The complaint should be dismissed, without prejudice, for lack of jurisdiction.

2.  This report and order should not be construed as commenting upon the respective claims of the parties hereto except as is herein stated.
s/ Helen Loy
Helen Loy
s/ Mitchell W. Pearlman
Mitchell W. Pearlman, Esq.
Hearing Officers
Approved by order of the Freedom of Information Commission on December 10, 1975.
s/ Louis Tapogna
Louis Tapogna Clerk of  the Commission