Connecticut General Statutes/Title 16/Chapter 277a/Section 16-50q

CGS § 16-50q. Judicial review.

(a) Any party may obtain judicial review of an order issued on an application for a certificate or an amendment of a certificate in accordance with the provisions of section 4-183. Any judicial review sought pursuant to this chapter shall be privileged in respect to assignment for trial in the Superior Court.

(b) On and after October 1, 2025, if a municipality seeks judicial review under this section, and such municipality is a prevailing party in the action, the court may award the municipality reasonable attorneys' fees and costs. No public service company may recover any such attorneys' fees or costs awarded by a court through rates if the court finds that the public service company acted imprudently in the application process or petition and such imprudence was the primary cause of the municipality prevailing in such action.

Short History

(1971, P.A. 575, S. 11; 1972, P.A. 108, S. 3; P.A. 73-458, S. 9; P.A. 76-436, S. 360, 681; P.A. 77-603, S. 14, 125; P.A. 24-144, S. 6.)

Long History

History: 1972 act replaced superior court with court of common pleas, effective September 1, 1972, except that courts with cases pending retain jurisdiction; P.A. 73-458 deleted provisions re rehearing on applications as intermediate step to judicial review and deleted provision re finding of facts de novo; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous provision detailing procedure for judicial review with statement that review to be obtained in accordance with Sec. 4-183; P.A. 24-144 designated existing provisions as Subsec. (a) and added Subsec. (b) re awarding attorneys' fees and costs to municipalities that are prevailing parties in an action.

Citations

Since appellate review for both issuance of original certificates and for amendments thereto is provided for, it is not intended that application for amendment opens, for all purposes including appellate review, the previously issued granting of certification. 177 C. 623. Cited. 212 C. 157; 220 C. 516.

Cited. 37 CA 653; judgment reversed, see 238 C. 361. Section does not confer automatic statutory aggrievement on parties to appeal adverse decision of council. 133 CA 851.

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