City Appeals Court's Decision on Methadone Clinic

The Planning and Zoning Commission decided to appeal a Superior Court ruling that would invalidate a longstanding procedural rule for making its decisions. The Court ruled that the Commission could not mandate that all decisions needed a supermajority of 5 out of 7 votes, rather than a simple majority of 4 votes. 

The Court decision was in response to an appeal by The Root Center, after the Commission voted to deny its application to open a Methadone Clinic on Washington Street, with 4 votes in favor and 3 votes against.

Judge Rupal Shah ruled that a 4-3 vote was an approval because the state statutes require a majority for approval, "Where the words of the statute are plain and unambiguous the intent of the [drafters] in enacting the statute is to be derived from the words used.” 

In its petition for an appeal, the Commission as represented by Assistant General Counsel Chris Forte argues that there is no conflict between a state statute requiring a majority, and the city charter requiring more than a majority. It also points to a long tradition of local rule in Connecticut, "state law is clear that provisions of a municipal charter control on matters of local concern and takes primacy over state law."

The next step will be for the Appellate Court to decide whether to hear an appeal.