DiPENTIMA, C.J.
The plaintiff, Edward A. Peruta, appeals from the judgment of the trial court granting the defendants' motion to dismiss his complaint for lack of subject matter jurisdiction. On appeal, the plaintiff claims that the court improperly determined that (1) he had failed to exhaust his administrative remedies and (2) the administrative remedies available to him were not inadequate and futile. We affirm the judgment of the trial court.
The record reveals the following facts and procedural history relevant to our discussion.
Thereafter, the plaintiff commenced an action for a declaratory judgment in the Superior Court naming three defendants: the department, the board and the police officer standards and training council (council).
The defendants, represented by the attorney general's office, filed a motion to strike the plaintiff's complaint, which the court denied. Thereafter, the defendants filed a motion to dismiss the plaintiff's complaint claiming, inter alia, that the court should exercise its discretion and refuse to issue a declaratory judgment because the plaintiff had adequate administrative remedies available to him. After a hearing on the matter and after both parties filed supplemental briefs, the court granted the defendants' motion to dismiss. The court reasoned that although the plaintiff had presented a petition for a declaratory ruling to the board, which had declined to rule on the matter, the department had a central role to play in deciding the petition and should be given an opportunity to do so. The court then determined that because the plaintiff had not submitted a petition to the department, he had not complied with General Statutes §§ 4-175 and 4-176. The court further concluded that because the plaintiff had only claimed that the department was "likely" to issue a ruling adverse to him, futility could not be established.
Thereafter, the plaintiff filed a motion to reargue claiming that the department's failure to promulgate rules of practice for filing requests for declaratory rulings acted as a waiver of its jurisdiction to issue such rulings and excused the plaintiff's failure to petition the department. The court summarily denied this motion. The plaintiff then filed a second motion to reargue claiming that the e-mail he sent to the department on July 28, 2007, was a valid petition for a declaratory ruling and because the department lacked rules of practice for submitting petitions for declaratory rulings, he had exhausted his administrative remedies to the extent possible. The court, however, denied the plaintiff's motion concluding that the overall thrust of the questions he presented to the department were not sufficient to satisfy the requirements of § 4-176.
As a preliminary matter, we set forth our standard of review. "A motion
The plaintiff first claims that the court erroneously concluded that he had failed to exhaust his administrative remedies. Specifically, the plaintiff argues that because the department has failed to promulgate rules setting forth the required form and filing procedure for petitions for declaratory rulings in accordance with its duty under § 4-176(b),
Our Supreme Court has determined previously that whether a party's communication with an agency constitutes a petition
The right to petition an agency for a declaratory ruling is statutorily granted to a party by § 4-176(a). That section, in relevant part, provides: "Any person may petition an agency ... for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter within the jurisdiction of the agency." (Emphasis added.) That section sets "the ground rules" for bringing a petition for a declaratory ruling before a state agency; see Hill v. State Employees Retirement Commission, 83 Conn.App. 599, 606, 851 A.2d 320, cert. denied, 271 Conn. 909, 859 A.2d 561 (2004); and, in the absence of additional agency direction, sets the standards required for such a petition. See Cannata v. Dept. of Environmental Protection, supra, 239 Conn. at 135-36, 680 A.2d 1329 (using § 4-176 to evaluate party's correspondence with agency as petition for declaratory ruling); Liberty Mobilehome Sales, Inc. v. Cassidy, 6 Conn.App. 723, 726-27, 507 A.2d 499 (1986) (same). Thus, in order for the plaintiff's e-mail correspondence with the department to constitute a petition for a declaratory judgment it needed to set forth specific circumstances and seek to have the department apply a regulation, statute or final decision on a matter in its jurisdiction to those specific circumstances.
We cannot conclude that the court was clearly erroneous in determining that the plaintiff's July 28, 2007 e-mail to the department was not a petition for a declaratory ruling. In that e-mail, the plaintiff stated that he was "in the process of researching the laws and regulations that govern the possession of a permit" in the state. Then, through a series of nine questions, the plaintiff asked the department to identify and to provide the source of legal authority preventing, in whole or in part, a valid permit holder from carrying a firearm in the state, openly or exposed, and from doing so in a "restaurant" or "an establishment that serves alcoholic beverages...."
The plaintiff next claims that the court improperly granted the defendants' motion to dismiss because two exceptions to the doctrine of exhaustion applied in his case. Specifically, the plaintiff argues that he is not required to first petition the department for a declaratory ruling pursuant to § 4-176 because the action for a declaratory judgment he brought in the Superior Court pursuant to General Statutes § 52-29 presents a facial challenge to state statutes that the judicial branch must resolve, and it would be futile to seek a declaratory ruling from the department because the department is biased and lacks the authority to grant the relief he seeks. We are not persuaded.
The plaintiff contends that he was not required to first exhaust his administrative remedies by petitioning the department for a declaratory ruling because his action for a declaratory judgment in the Superior Court presented a facial challenge to the constitutionality of the "suitability" requirement of § 29-28(b),
In McDonald v. Chicago, supra, 130 S.Ct. at 3020, the United States Supreme Court held that a Chicago, and virtually identical Oak Park, municipal ordinance that effectively prevented all inhabitants of those municipalities from possessing a firearm in their home was unconstitutional under the second amendment to the constitution of the United States. Id., at 3026. In so holding, the Supreme Court, for the first time, applied the second amendment, through incorporation into the fourteenth amendment, to the actions of the states. Id., at 3036-38. The plaintiff asserts that in light of the Supreme Court's holding in McDonald, §§ 29-28(b), 29-32b and 29-35 are unconstitutional on their face because
The plaintiff, however, has failed to advance any legal analysis explaining to this court how McDonald confers on him a new constitutional right that renders the statutes he identifies unconstitutional on their face. "[A]nalysis, rather than mere abstract assertion, is required in order to avoid abandoning an issue by failure to brief the issue properly." (Internal quotation marks omitted.) State v. Claudio C., 125 Conn.App. 588, 600, 11 A.3d 1086 (2010), cert. denied, 300 Conn. 910, 12 A.3d 1005 (2011). "We do not review constitutional claims that are inadequately briefed." State v. Bryant, 106 Conn.App. 97, 101 n. 4, 940 A.2d 858, cert. granted, 287 Conn. 905, 950 A.2d 1282 (2008); see Townsend v. Hogan, 115 Conn.App. 671, 673 n. 1, 974 A.2d 65 (2009) ("[w]e ... decline to review any vaguely framed or inadequately briefed constitutional issues"). We conclude that the plaintiff's claim of a new constitutional right is inadequately briefed, and, accordingly, we decline to review the plaintiff's unpreserved claim pursuant to the exceptional circumstances doctrine. See State v. Saunders, 114 Conn.App. 493, 504 n. 11, 969 A.2d 868, cert. denied, 292 Conn. 917, 973 A.2d 1277 (2009).
The plaintiff's final claim is that the court improperly determined that a petition for a declaratory ruling to the department would not be futile or inadequate. Specifically, the plaintiff argues that it would be futile to petition the department for a declaratory ruling because it cannot act in an unbiased manner in interpreting Connecticut's firearm statutes, and, even if it could, the department lacks the authority to provide the relief he seeks. We disagree.
"It is a settled principle of administrative law that, if an adequate administrative remedy exists, it must be exhausted before the Superior Court will obtain jurisdiction to act in the matter." (Internal quotation marks omitted.) Pet v. Dept. of Health Services, 207 Conn. 346, 350-51, 542 A.2d 672 (1988). "Notwithstanding the important public policy considerations underlying the exhaustion requirement, [our Supreme Court] has carved out several exceptions from the exhaustion doctrine... although only infrequently and only for narrowly defined purposes.... Such narrowly defined purposes include when recourse to the ... remedy would be futile or inadequate." (Citations omitted; internal quotation marks omitted.) Garcia v. Hartford, 292 Conn. 334, 340, 972 A.2d 706 (2009).
The plaintiff first argues that a petition for a declaratory ruling to the department would be futile because the department is incapable of acting in an unbiased manner. The plaintiff cites Wallingford Center Associates v. Board of Tax Review, 68 Conn.App. 803, 809-10, 793 A.2d 260
In Wallingford Center Associates, the plaintiff appealed from the city tax assessor's valuation of its property to the defendant board of tax review and, when that was unsuccessful, to the Superior Court. Id., at 805, 793 A.2d 260. While the appeal to the Superior Court was pending, title to the property changed hands, and the new owner filed a motion to be joined as a party so that it too could challenge the tax assessor's valuation for the years that it was in ownership of the property. Id. The Superior Court denied the motion reasoning that the new owner had failed to first exhaust its administrative remedies by taking its own appeal to the defendant. Id. We concluded that the new owner did not first need to exhaust its administrative remedies by filing its own appeal with the defendant because, at the time, the defendant was engaged in vigorously defending the same valuation, with respect to the very same piece of property, that the new owner sought to challenge. Id., at 810, 793 A.2d 260. We reasoned that to require the new owner to appeal to the board itself would be futile because the defendant could not have provided the relief the new owner sought without changing a position that it was then vigorously defending at trial. Id.
In Wallingford Center Associates, the administrative remedy had been exhausted by the old owner, and the new owner of the property sought to join an action properly before the Superior Court. Moreover, the new owner sought a determination with respect to the same issue that the defendant had first addressed in the administrative appeal. In the present case, however, the plaintiff seeks to challenge the language of a statute that, according to the trial court, the department has "never officially" addressed, let alone presented a position that it has defended vigorously. The plaintiff, in fact, has alleged that the department considers the statute ambiguous with respect to a permit holder's ability to carry a firearm openly in the state. The administrative remedy has not been exhausted and, unlike in Wallingford Center Associates, there is nothing to indicate that requiring the plaintiff to first do so would be mandating an exercise in futility. See Greenwich v. Liquor Control Commission, 191 Conn. 528, 542, 469 A.2d 382 (1983) ("[a] remedy need not be exhausted if to do so would be a futile gesture" [internal quotation marks omitted]).
We are mindful that, "[i]n light of the policy behind the exhaustion doctrine, these exceptions are narrowly construed. See, e.g., Simko v. Ervin, 234 Conn. 498, 507, 661 A.2d 1018 (1995) (plaintiffs' mere suspicion of bias on part of defendant, without more, not sufficient to excuse them, on ground of futility, from exhaustion requirement); O & G Industries Inc. v. Planning & Zoning Commission, 232 Conn. 419, 429, 655 A.2d 1121 (1995) (actual bias, rather than mere potential bias, of administrative body renders resort to administrative remedies futile); Polymer Resources, Ltd. v. Keeney [227 Conn. 545, 561, 630 A.2d 1304 (1993)] (mere conclusory assertion that agency will not reconsider decision does not excuse compliance, on basis of futility, with exhaustion requirement); Housing Authority v. Papandrea, [222 Conn. 414, 430, 610 A.2d 637 (1992)] (fact that commissioner previously indicated how he would decide plaintiff's claim did not excuse compliance, on ground of
The plaintiff next claims that even if he does petition the department for a declaratory ruling, such a petition would be futile because the department lacks the authority to provide the relief he seeks. Specifically, the plaintiff argues that the department's interpretation of § 29-35 is not binding on municipal law enforcement agencies, which also have the authority to arrest individuals for violations of state criminal law. Thus, according to the plaintiff, the administrative remedy provided by the department is futile because it would require additional litigation before he is conclusively informed of his right to carry a firearm openly throughout the state. We disagree.
"A remedy is futile or inadequate if the decision maker is without authority to grant the requested relief." (Internal quotation marks omitted.) Garcia v. Hartford, supra, 292 Conn. at 340, 972 A.2d 706. "The law does not require the doing of a useless thing." (Internal quotation marks omitted.) Labbe v. Pension Commission, 229 Conn. 801, 813, 643 A.2d 1268 (1994). Section 29-28(b)
To the extent that the plaintiff seeks an unequivocal declaration that he will not be arrested for openly carrying a firearm, it is not the department's lack of authority that keeps the plaintiff from the remedy he seeks; rather, it is a consequence of the question's indefinite parameters. "It is inherent in our judicial system of dispute resolution that the interpretation
The judgment is affirmed.
In this opinion the other judges concurred.