Priore v. Haig

Citations

• 344 Conn. 636

Syllabus

Pursuant to the common law of this state, communications made in the course of and in furtherance of administrative proceedings that are quasi-judicial in nature are absolutely privileged. Pursuant further to Kelley v. Bonney (221 Conn. 549), in determining whether an administrative proceeding is quasi-judicial in nature, a court may consider whether the body or entity conducting the proceeding has the discretion to apply the law to the facts and the authority (1) to exercise judgment and discretion, (2) to hear and determine or to ascertain facts and decide, (3) to make binding orders and judgments, (4) to affect the personal or property rights of private persons, (5) to examine witnesses and to hear the litigation of the issues, and (6) to enforce decisions or to impose penalties. The plaintiff sought to recover damages for, inter alia, defamation in connec- tion with statements that the defendant had made about the plaintiff at a public hearing before a town planning and zoning commission in connection with the plaintiff's application for a special permit to con- struct a new house and to install a new sewer line on his property. At the hearing, the defendant expressed her concerns regarding the plaintiff's application, stating, inter alia, that the plaintiff had not been trustworthy in prior dealings involving his application, that he had ''a serious criminal past,'' and that he had paid more than $40 million in fines to the federal agency charged with enforcing federal securities 344 Conn. 636 SEPTEMBER, 2022 637 Priore v. Haig laws. The defendant filed a motion to dismiss the plaintiff's action for lack of subject matter jurisdiction, claiming that her statements were entitled to absolute immunity. The trial court granted the defendant's motion, concluding that her statements were entitled to absolute immu- nity because the proceeding before the commission was quasi-judicial in nature and the defendant's statements were pertinent to the proceeding. Accordingly