McDONALD, J.
The central issue in this appeal is whether a property owner's letter to town officials challenging the legality of zoning and building permits previously issued to another property owner can give rise to a "decision," independent of the permit decisions, that is subject to administrative review under General Statutes §§ 8-6(a) and 8-7. The plaintiff Rosemarie Reardon
The following undisputed facts and procedural history, as reflected in the trial court's memorandum of decision and the record, are relevant to our resolution of this appeal. The intervening defendants, James P. Eckert and Janeen P. Eckert (defendants), own residential property abutting Long Island Sound in Darien. On March 8, 2010, Keating granted the defendants' applications for two zoning permits, with conditions, that permitted them to renovate an existing dwelling, construct an addition thereto, and construct a separate garage. On March 10 and 18, 2010, a town building inspector issued building permits to the defendants for this construction. On March 25, 2010, notice of the issuance of the zoning permits and corresponding building permits appeared in the Darien News, a local newspaper, and the defendants began construction thereafter.
The plaintiff is the owner of property that is adjacent to a portion of the defendants' property. On September 29,
On or about November 10, 2010, the plaintiff submitted an application to the board for an "[a]ppeal of a decision, order, requirement or determination of the [z]oning [e]nforcement [o]fficer...."
The plaintiff appealed from the decision of the board to the Superior Court; see footnote 2 of this opinion; claiming, inter alia, that Keating's failure to respond to, or act upon, her letter constituted one or more decisions that are appealable under the statutes and regulations. See General Statutes §§ 8-6(a) and 8-7; Darien Zoning Regs., §§ 1101(a) and 1126(a). After a hearing, the court dismissed the appeal, concluding that "the record contains substantial evidence supporting the [board's] determination that [Keating] did not make a decision that could be appealed to the board ... under ... §§ 8-6 and 8-7."
On appeal, the plaintiff claims that it is contrary to this court's case law and public policy to conclude that Keating did not make a "decision" that was appealable to the board under General Statutes §§ 8-6 and 8-7 when Keating discussed with Ginsburg the lack of merit to her letter. She contends that the conclusion reached by Keating and Ginsburg that there was no violation of the laws cited in the letter constituted a decision under Piquet v. Chester, 306 Conn. 173, 186, 49 A.3d 977 (2012), because it was "a clear and definite interpretation of zoning regulations...." The plaintiff further contends that allowing a town official to avoid administrative review of his or her actions by declining to respond to, or act upon, a letter alleging violations of the law would contravene this court's admonition in Munroe v. Zoning Board of Appeals, 261 Conn. 263, 271, 802 A.2d 55 (2002), that lack of notice of a decision renders the right of appeal under § 8-7 meaningless. The plaintiff also contends that § 1101(a) of the regulations
We begin with the standard of review. We agree with the board that a reviewing court is bound to apply a deferential standard under which "[t]he agency's decision must be sustained if an examination of the record discloses evidence that supports any one of the reasons given." (Internal quotation marks omitted.) Walgreen Eastern Co. v. Zoning Board of Appeals, 130 Conn.App. 422, 428, 24 A.3d 27, cert. denied, 302 Conn. 930, 28 A.3d 346 (2011). For the reasons set forth later in this opinion, however, the resolution of this appeal does not turn on the factual significance of any particular action or omission by Keating; cf. id., at 426, 24 A.3d 27; but on the legal characteristics of a "decision" as that term is used in § 8-6(a) and related regulations and as applied to the facts read in the light most favorable to sustaining the board's decision. Accordingly, this appeal presents a question of law, over which our review is plenary. Zimnoch v. Planning & Zoning Commission, 302 Conn. 535, 547-48, 29 A.3d 898 (2011). In conducting this review, we are mindful that "zoning regulations are local legislative enactments ... and, therefore, their interpretation is governed by the same principles that apply to the construction of statutes." (Internal quotation marks omitted.) Id., at 548, 29 A.3d 898; see id., at 548 n. 10, 29 A.3d 898 (setting forth well settled rules of statutory construction).
Section 8-6(a)(1) provides the right to appeal to the board "where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of [zoning laws] or any bylaw, ordinance or regulation adopted [thereunder]...." The failure of a zoning official to bring a zoning enforcement action is not an order, requirement or decision appealable to the board. See Greenfield v. Reynolds, 122 Conn.App. 465, 472-73, 1 A.3d 125, cert. denied, 298 Conn. 922, 4 A.3d 1226 (2010). Enforcement of zoning regulations is, as a general matter, a discretionary, as opposed to ministerial, duty.
Even when there is a written communication from a zoning official relating to the construction or application of zoning laws, the question of whether a "decision" has been rendered for purposes of appeal turns on whether the communication has a legal effect or consequence. Compare Piquet
When a person seeks to challenge an order, requirement or decision previously rendered, other relevant considerations come into play. First, "[a] statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created"; (internal quotation marks omitted) Bridgeport Bowl-O-Rama, Inc. v. Zoning Board of Appeals, 195 Conn. 276, 283, 487 A.2d 559 (1985); including the time periods prescribed in which to appeal. See footnote 5 of this opinion. Unless notice of the challenged matter is so deficient as to prevent a meaningful opportunity to appeal, exhaustion of an administrative remedy of appeal is mandatory. See Munroe v. Zoning Board of Appeals, supra, 261 Conn. at 270-72, 802 A.2d 55; see also Piquet v. Chester, supra, 306 Conn. at 179-80, 49 A.3d 977 (setting forth exhaustion principles). Thus, barring exceptional circumstances implicating the court's jurisdiction, "the general rule [is] that one may not institute a collateral action challenging the decision of a zoning authority.... [T]he rule requiring interested parties to challenge zoning decisions in a timely manner rest[s] in large part ... on the need for stability in land use planning and the need for justified reliance by all interested parties—the interested property owner, any interested neighbors and the town—on the decisions of the zoning authorities." (Internal quotation marks omitted.) Torrington v. Zoning Commission, 261 Conn. 759, 767, 806 A.2d 1020 (2002); accord Upjohn Co. v. Zoning Board of Appeals, 224 Conn. 96, 102, 616 A.2d 793 (1992).
Applying these principles to the facts in the present case, the plaintiff's letter challenged the accuracy of the information submitted by the defendants in obtaining their zoning and building permits and the defendants' right to an exemption from coastal site plan review and other legal requirements before such permits could be granted. These claims could have been asserted in a timely appeal to the board from the decisions issuing the permits, and it is clear that the plaintiff's
To conclude otherwise would undermine the principles previously articulated. Most importantly, a contrary rule would allow someone to readily circumvent appeal deadlines and create uncertainty in zoning decisions simply by complaining to a zoning official that certain facts or law had not been considered in rendering a previous decision. Moreover, the plaintiff's position would create a disincentive for zoning officials to consider the merits of citizen complaints, to discuss those merits, and to provide an explanation of the basis for their decisions to interested parties. The public interest is better served by allowing zoning enforcement officials to address questions or concerns from members of the public without fear that any such communication, regardless of whether it has a binding effect, might give rise to administrative proceedings.
To the extent that the plaintiff relies on § 1101(a) of the regulations; see footnote 7 of this opinion; as an independent source of a legal right and remedy that is exempt from the mandatory time limitations for appeals to the board, we disagree. That regulation bars the approval of a permit for construction that would violate any laws and deems any such permit issued "null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof...." Darien Zoning Regs., art. XI, § 1101(a). The plaintiff's contention is predicated on her view that § 1101(a) mandated Keating to act upon the illegality alleged in her letter, thereby giving the board jurisdiction to hear her appeal when
On the basis of our analysis of the general principles of our state's zoning law, we conclude that the plaintiff had a right to appeal only from the decisions issuing the zoning and building permits to the defendants in March, 2010. Keating's action or inaction with respect to the plaintiff's letter did not give rise to an independent "decision" from which an appeal to the board would lie. The plaintiff failed to timely appeal from the decisions issuing the permits and, therefore, the trial court properly dismissed the plaintiff's appeal.
The judgment is affirmed.
In this opinion the other justices concurred.
We note that, in light of its conclusion, the trial court found it unnecessary to address the defendants' claim that the court should dismiss the appeal because the plaintiff's application to the board was untimely, in that it had been filed more than thirty days after the date of the letter.