Town of Rocky Hill v. SecureCare Realty, LLC

Defendants in this case were a private company that owned property in the town of Rocky Hill and a company overseeing the development of a nursing home on that property. Defendants contracted with the state to provide nursing home services to state prisoners and others in state custody. The town filed an action against Defendants claiming noncompliance with its zoning regulations. The trial court dismissed the action for lack of subject matter jurisdiction, concluding (1) Defendants were an “arm of the state” entitled to sovereign immunity; and (2) even if Defendants were not shielded by sovereign immunity as an arm of the state, the town’s zoning authority over the project was preempted by Conn. Gen. Stat. 17b-372a, which permits certain state officials to contract for the establishment of nursing home facilities for state prisoners and individuals receiving services from the Department of Mental Health and Addiction Services. The Supreme Court reversed, holding (1) Defendants were not immune from suit as an arm of the state; and (2) by enacting section 17b-372a, the legislature did not intend to preempt the application of local zoning laws to facilities established on private land under the authority of that provision. View "Town of Rocky Hill v. SecureCare Realty, LLC" on Justia Law