Justia Connecticut Supreme Court Opinion Summaries

The Court considered an appeal from Plaintiff-Appellee Connecticut Motor Cars in which the lower court found that a licensed car dealer or repairer is not entitled to a "gate fee" when it moves a wrecked or disabled vehicle from a storage area to a place where it will be retrieved by the owner. The Plaintiff operates a repair shop that also tows and stores vehicles. When the vehicle owner comes to retrieve his car, Plaintiff charges a fee for the labor and equipment used to move the vehicle from a secured storage area to a retrieval area. Two vehicle owners objected to the "gate fee" and brought complaint before the state car dealer licensing agency. Plaintiff argued that under state law, the storage and moving of the car within its facility was an "exceptional serviceâ¦not included in the tow charge," but the hearing officer disagreed. Upholding the hearing officer's decision, the Court found that the plain language of the law includes "all the activity in the gate fee," and that "the only reasonable interpretation of the regulations is that a gate fee is not permitted."

Pro se Plaintiff-Appellant Burton sought an injunction against Defendant-Appellee Dominion Nuclear to halt operation of a power plant, claiming that the plant would cause unreasonable radioactive pollution to Long Island Sound and to an estuary located near her property. Plaintiff also filed an ex parte application for a temporary restraining order to stop Defendant from using a stretch power uprate increase unless Defendant could do so without an increase of radioactive discharge. The Court affirmed the lower court's decision to dismiss Plaintiff's case on grounds that she lacked standing under state environmental protection laws, common law nuisance principles, and federal preemption. Holding that Plaintiff's ex parte application "does not contain allegations of substantive violations giving rise to unreasonable pollution⦠in excess of that permitted under the regulatory scheme," the Court upheld the lower courts's decision to dismiss this claim for lack of standing.