Buschmann v. Connecticut Siting Council

Syllabus

The plaintiffs appealed from the Superior Court's judgment denying their motion to open the court's judgment sustaining their appeal from the defen- dant Connecticut Siting Council's decision to approve an application for a certificate of environmental compatibility and public need for the construc- tion of a cell phone tower. The plaintiffs filed their motion to open after the newly constituted council, on remand, unanimously approved the application without holding a new public hearing. They claimed that the court abused its discretion in denying their motion to open because the court's memorandum of decision did not adequately specify the manner in which the council was to proceed on remand. Held: The trial court did not abuse its discretion in denying the plaintiffs' motion to open, as the plaintiffs failed to establish a compelling reason to grant the motion. Argued September 10, 2025—officially released April 28, 2026