AC41902, AC42138, AC42139, AC42206 - Berka v. Middletown (Zoning; "These four appeals pertain to certain real property in Middletown owned by the self-represented plaintiff, George Berka, and rented by him to multiple individuals. Although neither the cases nor the appeals have been officially consolidated, we write one opinion for the purpose of judicial economy and assess the claims made in each appeal.
The plaintiff appeals from four judgments of the Superior Court granting the motions of the defendant the city of Middletown
to dismiss the complaints in four cases for lack of subject matter jurisdiction. In two of his appeals to this court—Docket Nos. AC 41902 and AC 42206—the plaintiff's claims relate either to a citation issued to him in 2016 for conditions on his property alleged to have violated the Middletown blight ordinance, which citation subsequently was unilaterally withdrawn by the defendant, or to a subsequent citation issued to him in 2018 concerning essentially the same alleged violations. In his appeal in Docket No. AC 42138, the plaintiff challenges the denial of his application for a special exception to operate a sober house. The appeal in Docket No. AC 42139 concerns the propriety of the court's dismissal of the plaintiff's petition to have the blight ordinance invalidated on constitutional and other grounds. We affirm the judgments of the court with respect to the plaintiff's claims asserted in Docket Nos. AC 41902 and AC 42206. We dismiss Docket No. AC 42138 for lack of subject matter jurisdiction. We affirm the court's judgment in Docket No. AC 42139 with respect to its dismissal of the plaintiff's petition insofar as it (1) asks the court to amend the Middletown blight ordinance, and (2) is predicated on nonconstitutional grounds but we reverse the judgment of the trial court with respect to its dismissal of the plaintiff's constitutional claims asserted in an individual capacity.")