OLR Bill Analysis

HB 6589 (as amended by House “A”)*

AN ACT CONCERNING LAND USE APPEALS.

SUMMARY:

This bill requires the Judicial Branch to treat land use appeals separately from other civil cases. The chief court administrator must do this by establishing a separate land use docket in each judicial district and identifying judges with land use expertise in each district to hear appeals, including pretrial motions, on the district's land-use appeals docket.

The land-use dockets must hear only appeals under the historic preservation, zoning, land use ordinances, planning commission, regional planning agency, inland wetlands and watercourses, municipal sewerage system, and municipal aquifer protection statutes. The chief court administrator must establish implementing policies and procedures. She must report the status of the land use dockets to the Planning and Development Committee by January 1, 2010.

The bill excludes from the land-use docket appeals brought under the affordable housing land use appeals statute. That statute requires the chief court administrator to assign these appeals, including pretrial motions, to a small number of judges serving in different parts of the state (CGS 8-30g(f)).

*House Amendment “A” specifies that the land use docket must hear appeals and pretrial motions; exempts affordable housing appeals from assignment to the docket; and adds to the types of appeals and motions that must be assigned to that docket those brought (1) under the historic preservation, municipal sewerage system, and municipal aquifer protection statutes and (2) against decisions the environmental protection commissioner makes under the inland and watercourses statutes.

EFFECTIVE DATE: October 1, 2009

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable

Yea

19

Nay

0

(03/11/2009)

Judiciary

Joint Favorable

Yea

40

Nay

2

(04/14/2009)