PER CURIAM.
The plaintiff, Dina Jaeger, appeals from the judgment of the trial court dismissing her administrative appeal from a decision of the defendant, the Connecticut Siting Council, granting a certificate of environmental compatibility for the construction, operation and maintenance of a wireless telecommunications facility (tower) to Cellco Partnership (Cellco), doing business as Verizon Wireless. The court dismissed the appeal after concluding that the plaintiff was not aggrieved, as required under the Uniform Administrative Procedure Act; General Statutes § 4-166 et seq.; and, therefore, lacked standing to maintain the action. On appeal, the plaintiff claims that (1) the trial judge improperly failed to disqualify himself in violation of Connecticut law and (2) the court erred in concluding that she was not aggrieved by the defendant's granting of the certificate of environmental compatibility.
The following facts and procedural history are relevant to our resolution of the claims on appeal. On March 28, 2008, Cellco applied, pursuant to the Public Utility Environmental Standards Act; General Statutes § 16-50g et seq.; for a certificate of environmental compatibility (application)
On June 4, 2008, the plaintiff filed with the defendant a request to intervene in the proceeding. The defendant granted the plaintiff intervenor status on June 19, 2008. On July 1 and July 31, 2008, the defendant conducted a public hearing on the application. On March 12, 2009, after reviewing the record of the proceeding, the defendant approved the application, concluding that "the proposed tower . . . is needed, as it would provide cellular and [personal communications service] telecommunications coverage to a significant gap within the Falls Village section of Canaan, and that the design of the tower and site would minimize adverse environmental impact to the area."
The plaintiff appealed from the decision of the defendant to the trial court pursuant to General Statutes § 4-183.
On January 5, 2010, the court conducted an evidentiary hearing pursuant to § 4-183(i)
On July 26, 2010, while the plaintiff's appeal was pending before this court, the trial court, Cohn, J., issued the following order: "It has recently come to the court's attention that a recusal issue may exist in this case that should be resolved expeditiously, as the appeal continues in the Appellate Court. This issue is based on the fact that my spouse has a beneficial interest in 28 shares of Verizon Communications with a total value of approximately $800, paying dividends of approximately $52/year. The intervenor in this administrative appeal, Cellco, is a partnership between Verizon Communications and British Vodafone Group."
The court thereafter requested that all parties appear before the court on August 13, 2010, to state their positions on the disqualification issue. Before the August 13, 2010 hearing could take place, the plaintiff filed a motion to disqualify Judge Cohn and to vacate his rulings. Thereafter, Judge Cohn transferred the plaintiff's
On appeal, the plaintiff first claims that her due process rights were violated because the trial judge, Cohn, J., improperly failed to disqualify himself in violation of Connecticut law.
"Ordinarily, we will not review a claim of judicial bias unless that claim was properly presented to the trial court through a motion for disqualification or a motion for a mistrial." Senk v. Senk, 115 Conn.App. 510, 515, 973 A.2d 131 (2009). "A claim of bias must be raised in a timely manner. The failure to raise a claim of disqualification with reasonable promptness after learning the ground for such a claim ordinarily constitutes a waiver thereof." (Internal quotation marks omitted.) Clisham v. Board of Police Commissioners, 223 Conn. 354, 367, 613 A.2d 254 (1992); see also Gillis v. Gillis, 214 Conn. 336, 343, 572 A.2d 323 (1990) (concluding that defendant waived claim by failing to file motion for disqualification); Massey v. Branford, 118 Conn.App. 491, 503, 985 A.2d 335 (2009) ("[e]ven where a proper ground for disqualification exists, it must be asserted seasonably or it will be deemed to have been waived" [internal quotation marks omitted]), cert. denied, 295 Conn. 913, 990 A.2d 345 (2010). "[A] challenge to a judge for bias and prejudice must be made at the first opportunity after discovery of the facts tending to prove disqualification. . . . To hold otherwise would be to allow a litigant to pervert and abuse the right extended to him at the cost to the other party of unnecessary expense and labor and to the public of the unnecessary disruption of the conduct of the courts." (Internal quotation marks omitted.) Clisham v. Board of Police Commissioners, supra, at 367, 613 A.2d 254.
In the present case, Judge Cohn scheduled a hearing to discuss the disqualification issue on the record with the parties. Rather than discussing the issue directly with Judge Cohn, the plaintiff elected to file a motion for disqualification after learning of the possible grounds for his disqualification. After the motion was transferred to the civil presiding judge, however, the plaintiff withdrew her motion voluntarily before the court could consider it. As a result, the plaintiff, in effect, failed to raise a claim of disqualification because the withdrawal resulted in the claim being unpreserved. See Senk v. Senk, supra, 115 Conn.App. at 515, 973 A.2d 131. Accordingly, under the facts of the present case, we conclude that the plaintiff waived any claim of judicial disqualification by her voluntary actions, which prevented the court from conducting any type of hearing on the issue.
Second, the plaintiff claims that the court erred in concluding that she was not aggrieved by the defendant's granting of the certificate of environmental compatibility. After carefully reviewing the record on appeal, along with the briefs and arguments presented by the parties, we are persuaded that the decision of the trial court should be affirmed. The trial court's memorandum of decision fully addresses
The judgment is affirmed.