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SUSAN YORGENSEN, INLAND WETLANDS

ENFORCEMENT OFFICER OF THE TOWN

OF EASTFORD v. DARLENE A.

CHAPDELAINE ET AL.

DARLENE A. CHAPDELAINE v. TOWN OF

EASTFORD ET AL.

(AC 35464)

DiPentima, C. J., and Gruendel and Lavery, Js.

Argued November 20, 2013—officially released May 6, 2014

(Appeal from Superior Court, judicial district of

Hartford, Land Use Litigation Docket, Berger, J.)

Darlene A. Chapdelaine, self-represented, the appellant (named defendant in the first case, plaintiff in the

second case).

Eric Knapp, for the appellees (plaintiff in the first

case, defendants in the second case).
Opinion

LAVERY, J. This appeal arises out of two separate

actions that were consolidated for trial. In one action,

the plaintiff, Darlene A. Chapdelaine, sought a judgment

declaring that the defendants, the town of Eastford

(town) and its Inland Wetlands and Watercourses Commission (commission), did not have jurisdiction over

her activities. In a second action, the plaintiff, Susan

Yorgensen, the inland wetlands enforcement officer of

the town of Eastford, sought to enjoin certain activities

of the defendant Darlene A. Chapdelaine.1 Chapdelaine,

proceeding as a self-represented party, appeals from

the trial court’s judgment denying her request for a

declaratory judgment, and its judgment determining

that she conducted activities in violation of General

Statutes § 22a-44 (b). On appeal, Chapdelaine claims

that (1) the court improperly denied her request for

a declaratory judgment, asserting that her claim was

jurisdictional in nature; (2) the enforcement complaint

was fatally defective because it did not cite § 22a-44

(b); and (3) the court’s judgment determining that she

violated § 22a-44 (b) was based on factual findings that

are clearly erroneous.2 We affirm the judgments of the

trial court.

The following facts and procedural history are relevant to this appeal. On October 1, 2010, Chapdelaine

and her partner, Gary Warren, as buyers, entered into a

bond for deed and real estate agreement for the subject

property with Mary A. Duncan, and her husband, John

C. Revill, as sellers.3 The subject property is located at

211 Eastford Road in Eastford. On October 12, 2010,

the town granted Warren a building permit to construct

a barn. Shortly thereafter, on October 18, 2010, Yorgensen inspected the property from off-site and saw that

work was being performed on the property, including

regrading. On November 12, 2010, Yorgensen wrote to

Chapdelaine to cease and desist all regulated activities

within 100 feet of inland wetlands or watercourses and

to submit an application and plan to reclaim and restore

the wetlands pursuant to the Eastford Inland Wetlands

and Watercourses Regulations (regulations). At a hearing held on November 18, 2010, the commission confirmed the cease and desist order.

On November 30, 2010, Chapdelaine e-mailed Yorgensen indicating that she did not receive the cease

and desist order, did not receive the meeting agenda,

and that she wished to settle the matter amicably. The

next day, Brendan Schain, the attorney for the commission, e-mailed Chapdelaine, indicating that he would

instruct the commission not to publish notice of its

decision as the matter might be resolved.

Also on November 30, 2010, Chapdelaine filed an

amended application with the commission seeking a

jurisdictional ruling, asserting that her activities were
either unregulated or constituted farming activities that

were exempt from local regulation under General Statutes § 22a-40. Schain e-mailed Chapdelaine explaining

the proper procedure for requesting a determination of

exempt activity, as well as informing Chapdelaine that

notice of the cease and desist order had not yet then

published. As detailed in Schain’s e-mail: ‘‘Just because

you consider your property to meet the statutory definition of a farm does not mean that regulated activities

can be conducted in the absence of either a permit or

a determination of no jurisdiction. An application for

a determination of no jurisdiction must include a plan

showing the location of wetlands, the location of any fill

deposited on the property and the location and nature of

any other activities being conducted within the wetlands or upland review area.’’

On December 6, 2010, again responding to an e-mail

from Chapdelaine, Schain reiterated for Chapdelaine

that she must submit a map showing the location of

wetlands and watercourses, as well as the location and

nature of her exempt activities, and that, if she did not,

the commission would not be able to take action on

her application at its December 16, 2010 meeting. Chapdelaine failed to comply with this request; instead, while

Chapdelaine submitted numerous documents, she submitted a site plan of the property that did not delineate

wetlands, and she did not supply a written list of the

specific activities being performed on the property. At

the December 16, 2010 meeting of the commission,

Thomas DeJohn, the chairman of the commission,

noted that Chapdelaine and the commission had a disagreement as to the process for determining exemption

from the regulations, and concluded that the commission could not make a determination on her request

without a delineation of the wetlands boundaries. The

commission decided to revisit the application at its

meeting the following month.

By the date of the following meeting, Chapdelaine

had failed to comply with the commission’s request for

a site map delineating the location of wetlands and

watercourses, as well as the location and nature of her

exempt activities. On January 27, 2011, the commission

determined that, first, Chapdelaine may pursue ‘‘equestrian instruction, training, and breeding’’ and ‘‘selective

cutting of trees in the woodland area for the purposes

of pasture expansion’’ on the property because they

fit within the statutory definition of agriculture and

therefore are exemptfrom the regulations. Nonetheless,

as to the remainder of Chapdelaine’s activities, the commission determined that it was unable to make a determination as to its jurisdiction. Specifically, the

commission determined: ‘‘[Chapdelaine] has constructed a riding arena on the northeastern portion of

the property. As part of that construction, a large stockpile of topsoil or other material has been placed on

the [p]roperty north of the existing dwelling. These
activities have involved the disturbance, grading, filling

or removal of soils. If these activities have occurred

within the physical area of an inland wetland or watercourse with continual flow, they fall outside the exemption created by . . . § 22a-40 and are therefore subject

to the jurisdiction of the [c]ommission. The [c]ommission hereby finds that [Chapdelaine] has submitted an

incomplete request for a ‘determination of no jurisdiction.’ Without a delineation of the wetlands soils and

watercourses located on the property by a licensed soil

scientist, no determination of the jurisdiction of the

[c]ommission is possible. The [c]ommission finds that

there is not substantial evidence in the record that the

construction of the riding arena and stockpiling of fill on

the property have occurred entirely outside the physical

limits of inland wetlands or watercourses with continual flow and therefore declines to find these activities

exempt from regulation.’’ Notice of the commission’s

decision was published on February 11, 2011.

Chapdelaine did not appeal the commission’s decision that it had insufficient information to determine

whether her activities were exempt from the regulations.4

Instead, in April, 2011, Chapdelaine commenced

an action for a declaratory judgment, requesting that

the court determine whether the commission had jurisdiction to regulate her activities.

On June 1, 2011, Yorgensen commenced the enforcement action against Chapdelaine alleging, in the first

count, that Chapdelaine was in violation of the cease

and desist order issued on November 12, 2010, and that

despite notice, the violation had not been remedied. In

the second count, Yorgensen sought relief under § 22a44 (b), but did not cite to that statute in the complaint.5

The court consolidated the two actions for trial. A

trial was held to the court on six days over a period of

three months. On January 24, 2013, in a memorandum

of decision, the court denied Chapdelaine’s request for

a declaratory judgment, determining that she failed to

exhaust her administrative remedies and, thus, herindependent challenge to the commission’s jurisdiction was

procedurally improper. The court determined that,

accordingly, any special defenses raised by Chapdelaine

as to the enforcement action that concerned the jurisdiction of the commission also were precluded. As to

the enforcement action, the court rendered judgment

in favor of Chapdelaine with respect to count one, and

in favor of Yorgensen with respect to count two.

Specifically, the court determined that the first count

of the enforcement complaint failed because Yorgensen

failed to ensure that Chapdelaine had proper notice of

the cease and desist hearing, in accordance with the

statutory requirements of § 22a-44 (a). As to the second

count, however, the court determined Yorgensen established that Chapdelaine violated § 22a-44 (b) because

‘‘[t]he testimony . . . is quite clear that Chapdelaine
and Warren performed a regulated activity as defined

in § 2.1 of the regulations and without obtaining a permit

as required by § 6.1 thereof. Notwithstanding whether

or when Chapdelaine and Warren received notice of

the cease and desist order, there is no question that

they knew the commission sought additional information and could not, at that time, issue the requested

jurisdictional ruling without such information. There is

also no question that they attended the December and

January commission meetings, knew of the request for

additional information, did not comply with the request

and, in fact, continued working.’’ The court concluded:

‘‘Yorgensen’s burden was to prove that Chapdelaine

and Warren conducted activities within the regulated

area without a permit or some clear authority from the

commission that their activities were exempt. She . . .

succeeded.’’ This appeal followed. Additional facts will

be set forth as necessary.

I

First, Chapdelaine challenges the court’s denial of

her request for a declaratory judgment, claiming that

she properly filed an action for a declaratory judgment

because her claim was jurisdictional in nature, and the

evidence that she presented at trial established that

either she did not perform activities within wetlands

or her activities were exempt from regulation in accordance with § 22a-40 (a) (1). We disagree.

In its memorandum of decision, the court concluded

that the ‘‘determination of whether [Chapdelaine’s]

activities are exempt is, in the first instance, for the

commission,’’ citing Cannata v. Department of Environmental Protection, 215 Conn. 616, 627, 577 A.2d 1017

(1990), Aaron v. Conservation Commission, 183 Conn.

532, 547, 441 A.2d 30 (1981) (Aaron II), Canterbury v.

Deojay, 114 Conn. App. 695, 708, 971 A.2d 70 (2009),

and Wilkinson v. Inland Wetlands & Watercourses

Commission, 24 Conn. App. 163, 167–68, 586 A.2d 631

(1991). The court found that ‘‘[t]he commission’s

request that [Chapdelaine] file more information about

activities, whether within wetlands or watercourses or

outside of those areas that still might impact the river

or the wetlands is absolutely proper under Connecticut

law. . . . [Chapdelaine] started the process with her

initial request for a determination of exempt activities.

Her failure to comply with the commission’s request is

compounded by her failure to appeal the January 27,

2011 decision. She has failed to exhaust her administrative remedies and thus her independent challenge to

jurisdiction is procedurally improper.’’ Accordingly, the

court denied her request for a declaratory judgment.

Chapdelaine concedes that this case is controlled by

Aaron II, supra, 183 Conn. 532, but she alleges that her

action for a declaratory judgment was proper because

the issues that she raised were jurisdictional in nature.

See Aaron v. Conservation Commission, 178 Conn.
173, 178–79, 422 A.2d 290 (1979) (Aaron I) (‘‘While

exhaustion of administrative remedies is generally held

to be applicable to proceedings involving judicialreview

of administrative agency action, there are certain exceptions to the rule. . . . [O]ne such exception is that

resort to administrative agency procedures will not be

required when the claims sought to be litigated are

jurisdictional. . . . Another exception is that exhaustion of administrative remedies will not be required

when the remedies available are futile or inadequate.

. . . In the present case there is some question as to

whetherthe plaintiff’s claims could properly be litigated

by way of appeal because of the rule that a party who

seeks some advantage under a statute or ordinance,

such as a permit or a variance, is precluded from subsequently attacking the validity of the statute or ordinance.’’ [Citations omitted; internal quotation marks

omitted.]). Nonetheless, to support her claim, Chapdelaine details extensively in her brief the evidence that

she presented at trial to support her contention that the

commission did not have jurisdiction over her activities;

namely, that an agent of the Connecticut Department

of Agriculture, and an agent of the Connecticut Department of Energy and Environmental Protection, surveyed her property and concluded that her activities

fell within the statutory definition of ‘‘farming’’ under

General Statutes § 1-1 (q), such that her activities are

permitted as of right in accordance with § 22a-40 (a)

(1). Further, two soil scientists from the United States

Army Corps of Engineers reported that no regulated

soils were disturbed.6

Chapdelaine’s argument is unavailing. Here, Chapdelaine first challenged the commission’s jurisdiction

before the commission itself. Thereafter, she failed to

comply with the commission’s requests, and as a result,

the commission decided that it had insufficient evidence to make a determination as to its jurisdiction

over her activities. Chapdelaine did not appeal that

determination, and instead, she started over by bringing

a declaratory judgment action. Chapdelaine did not

challenge the regulations or the commission’s procedures for its determination of jurisdiction; instead, she

solely sought a determination from the court that her

activities are exempt. Aaron II and its progeny are clear

that, in Connecticut, the first arbiter of the jurisdiction

of a local inland wetlands and watercourses commission is the commission itself, and not a court, because

‘‘the administrative requirement that one apply to the

commission in order to determine if [her] application

is one for an exempt use or operation under § 22a-40

(a) is, in and of itself, valid and is administratively

necessary for the commission to discharge its function

under the enabling statutes [of the Inland Wetlands and

Water Courses Act, General Statutes § 22a-36 et seq.].’’

Aaron II, supra, 183 Conn. 547; see also Cannata v.

Department of Environmental Protection, supra, 215
Conn. 627–29; Wilkinson v. Inland Wetlands & Watercourses Commission, supra, 24 Conn. App. 164–68.

‘‘Specific procedures are set out in the regulations . . .

to obtain a determination by the commission that a use

is permitted or nonregulated, and one seeking such a

determination must first, before undertaking any activity on the property in question, notify the commission

of his or her intentions and obtain a written determination by the commission of the categorization of that

use. Whether the defendants’ [activity] is considered

farming for the purposes of § 22a-40 and [the local regulations] is not for [this court] to determine. Such determination must be made by the commission in the first

instance. The trial court cannot, nor by extension can

we, make a finding that the defendants’ actions could

be considered farming without the commission first

having considered the issue.’’ (Internal quotation marks

omitted.) Canterbury v. Deojay, supra, 114 Conn. App.

708; see also Cannata v. Department of Environmental

Protection, supra, 215 Conn. 628–29.

In particular, we draw Chapdelaine’s attention to this

court’s decision in Wilkinson, in which this court held

that the wetlands commission must be the first to determine whether it has jurisdiction over a particular subject matter. Wilkinson v. Inland Wetlands &

Watercourses Commission, supra, 24 Conn. App. 167.

In Wilkinson, like here, the plaintiffs requested that the

local wetlands commission issue a declaratory ruling

that their proposed activities—namely, constructing a

horse barn and indoor riding arena—constituted ‘‘farming’’ and were therefore permitted as of right under

§ 22a-40 (a) (1). Id., 164–65. In Wilkinson, as in the

present case, the commission asked the plaintiffs to

produce additional information, in particular a site plan

sealed by a licensed engineer or surveyor. Id., 165. The

plaintiffs in Wilkinson did not do this, and instead submitted other materials that they considered to be relevant. As a result, like here, the commission determined

that the plaintiffs failed to prove that their proposed

activities constituted ‘‘farming.’’ Id., 165–66. In

response, the plaintiffs in Wilkinson appealed to the

Superior Court challenging the commission’s authority

to make such a ruling, and that court agreed, finding

that the plaintiffs’ proposed activities were farming and,

as such, were exempt from the local regulations. Id.,

166. The commission appealed, and this court reversed,

citing Cannata, and determined that: ‘‘In the present

case, the [local wetlands commission] . . . must be

given the first opportunity to determine its jurisdiction.

Requiring the plaintiffs to apply for a permit is neither

futile nor inadequate. If the [commission] finds that the

plaintiff’s proposed use is exemptfrom regulation under

. . . § 22a-40 (a) (1), the plaintiffs will be allowed to

conduct their activities without a permit. If the commission determines that the plaintiffs’ proposed use is not

exempt, it must then decide whether to issue a permit.
. . . [T]he plaintiffs in the present case can appeal from

an adverse ruling, challenging both the [commission’s]

jurisdiction and its decision denying them a permit. If,

conversely, a permit is granted, the plaintiffs will have

received the underlying relief sought, i.e., permission

to build horseback riding facilities on the property.’’

Wilkinson v. Inland Wetlands & Watercourses Commission, supra, 167–68; see also Cannata v. Department of Environmental Protection, supra, 215 Conn.

628–29.

Accordingly, a party cannot file a declaratory judgment action to circumvent the requests of a wetlands

commission to determine its jurisdiction over that party’s activities. In the present case, Chapdelaine did not

appeal from the commission’s determination denying

her request for an exemption from the regulations, nor

did she appeal from the commission’s cease and desist

order. ‘‘The proper way to vindicate a legal position is

not to disobey the orders, but rather to challenge them

on appeal.’’ Inland Wetlands & Watercourses Commission v. Andrews, 139 Conn. App. 359, 364, 56 A.3d 717

(2012). The commission’s jurisdiction over Chapdelaine’s activities must first be determined by the commission. Accordingly, the court properly denied her

request for a declaratory judgment.

II

Second, Chapdelaine claims that Yorgensen should

not have prevailed on the second count of the enforcement complaint because she failed to cite § 22a-44 (b)

in her complaint. We disagree.

‘‘Because the interpretation of pleadings presents an

issue of law, our review is plenary. . . . It is fundamental in our law that the right of a plaintiff to recover is

limited to the allegations of [its] complaint. . . . More

than a century ago, our Supreme Court held that [w]hen

the facts upon which the court in any case founds its

judgment are not averred in the pleadings, they cannot

be made the basis for a recovery. . . . The vitality of

that bedrock principle of Connecticut practice is

unquestionable.’’ (Citations omitted; internal quotation

marks omitted.) Michalski v. Hinz, 100 Conn. App. 389,

393, 918 A.2d 964 (2007).

Chapdelaine asserts that Yorgensen should not have

prevailed on count two of her complaint because she

failed to cite the statute upon which the claim was

founded, namely, § 22a-44 (b). She asserts that such a

failure of reference, solely, was fatal to count two.

Practice Book § 10-3 (a) provides in relevant part that

‘‘[w]hen any claim made in a complaint . . . is

grounded on a statute, the statute shall be specifically

identified by its number.’’ The enforcement complaint

did not cite § 22a-44 (b) as the basis for count two.

Contrary to Chapdelaine’s assertion, however, this violation of Practice Book § 10-3 (a) is not a complete bar
to recovery on count two. ‘‘[O]ur courts repeatedly have

recognized that the rule embodied in Practice Book

§ 10-3 is discretionary and not mandatory . . .

[although] notice is the critical consideration in such

instances. As this court has observed, [a]s long as the

defendant is sufficiently apprised of the nature of the

action . . . the failure to comply with the directive of

Practice Book § 10-3 (a) will not bar recovery.’’ (Citations omitted; internal quotation marks omitted.)

Michalski v. Hinz, supra, 100 Conn. App. 394.

The record indicates that Chapdelaine was sufficiently apprised of the statutory basis of count two of

the enforcement complaint. As asserted by Chapdelaine

in her brief: ‘‘In the instant matter Chapdelaine continuously argued that [Yorgensen] failed to amend [her]

complaint to reflect any of the proper statutes . . .

and this was brought to the court’s attention numerous

times including [Chapdelaine’s] testimony and closing

argument. . . . [Yorgensen had] fatal flaws in [her]

complaint that the trial court could not and should have

amended verbally for [her] during trial.’’ Chapdelaine’s

argument makes it clear that she was aware of the flaw

in the complaint, aware of the statute upon which the

claim was founded, and aware that the court was to

render a judgment on that statute. Furthermore, a

review of the record indicates that the court repeatedly

stated that it was to make a determination as to Chapdelaine’s declaratory judgment action, and, in the enforcement action, on the cease and desist order and the

§ 22a-44 (b) count. Accordingly, in the present case,

Yorgensen’s failure to comply with Practice Book § 10-

3 (a) properly did not bar recovery as Chapdelaine was

sufficiently apprised as to the nature of the action.

III

Finally, Chapdelaine challenges the court’s determination that she violated § 22a-44 (b). Specifically, she

asserts that there was no substantial evidence before

the court of a violation because (1) she provided substantial evidence to the contrary, and (2) the evidence

provided by Yorgensen was not credible. We are not

persuaded that the findings of the court were clearly

erroneous.

Section 22a-44 (b) provides in relevant part that

‘‘[a]ny person who commits, takes part in, or assists in

any violation of any provision of sections 22a-36 to 22a45, inclusive, including . . . ordinances and regulations promulgated by municipalities or districts pursuant to the grant of authority herein contained, shall be

assessed a civil penalty . . . . The Superior Court, in

an action brought by the . . . municipality . . . or any

person, shall have jurisdiction to restrain a continuing

violation of said sections, to issue orders directing that

the violation be corrected or removed and to assess

civil penalties pursuant to this section. . . .’’
The court found that Chapdelaine performed a regulated activity, as defined in § 2.1 of the regulations,

without obtaining a permit as required by § 6.1 of the

regulations. Section 2.1 of the Eastford Inland Wetlands

and Watercourses Regulations provides in relevant part

that ‘‘regulated activity’’ means ‘‘any operation within

or use of a wetland or watercourse involving removal or

deposition of material, or any obstruction, construction,

alteration or pollution, of such wetlands or watercourses . . . . Furthermore, any clearing, grubbing,

filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of storm

water on the land within 100 feet measuring horizontally

from the boundary of any wetland or watercourse is a

regulated activity. The Commission may rule that any

other activity located within such upland review area

or in any other non-wetland or non-watercourse area

is likely to impact or affect wetlands or watercourses

and is a regulated activity.’’7

The court determined that the evidence established

that Chapdelaine performed activities within 100 feet

of the wetlands, in violation of § 2.1 of the regulations.

Specifically, the court found that ‘‘Yorgensen testified

that in addition to her on-site visits in the fall of 2010,

she has viewed the property from off-site and saw that

work was continuing, including a road being built into

the woods and regrading. DeJohn, who in addition to

being chairman of the commission has also been a general contractor for twenty-eight years, testified that he

inspected the site almost daily from both Eastford Road

and from the town’s nature trail across the river. He

also attended the site visit on August 14, 2012. He

observed the construction work, which predated the

cease and desist order, and watched the 2011 work

that commenced in May including the use of heavy

equipment through mid-August. DeJohn testified that

the activities were conducted in violation of the November 18, 2010 cease and desist order. Michael Klein, a

registered soil scientist retained by the [c]ommission,

inspected the property on August 14, 2012 and testified

to a number of findings including that he found disturbances of soil within 100 feet of a wetland or watercourse, that there was recently deposited sediment in a

swale (a possible watercourse), [that] there was grading

from the riding ring within twenty or thirty feet from

the wetlands, that a portion of the property had been

denuded of vegetation, [that] alluvium was present, and

that there were disturbances in the southwestern part

of the property. Duncan also testified that there has

been significant grading and the removal of trees near

the river.’’ (Footnotes omitted.)

In her brief, Chapdelaine, first, describes evidence

that she presented at trial to support her position that

she never violated the regulations. Specifically, she

details that the property was never denuded of vegeta-
tion, as exhibited by aerial photographs submitted as

evidence, and supported by her own testimony, along

with the testimony of Warren and Duncan. She further

details that her expert, George Logan, testified that he

analyzed the soil on the property at issue and determined that no regulated soils were disturbed.

Second, Chapdelaine details in her brief that the court

should not have found the testimony upon which it

relied to be credible. Specifically, she details that the

testimony of the expert for the plaintiff, Klein, was not

credible because he failed to provide a detailed report

to support his testimony, he testified that he was

unaware of the Connecticut Soil and Erosion Control

Guidelines of 2002, he failed to rememberthe continued

education requirements for soil scientists, and he provided blurry photographs. She also details that the testimony of DeJohn was not credible because he only

inspected her property from adjacent properties, and

did not perform soil analysis such as that performed

by her own experts. She also asserts that there was no

evidence of filling of the wetlands, and there was no

evidence of cutting of trees for expansion of crop land.

‘‘Our review of the factual findings of the trial court

is limited to a determination of whether they are clearly

erroneous. . . . A finding of fact is clearly erroneous

when there is no evidence in the record to support it

. . . or when although there is evidence to support it,

the reviewing court on the entire evidence is left with

the definite and firm conviction that a mistake has been

committed. . . . Because it is the trial court’s function

to weigh the evidence and determine credibility, we

give great deference to its findings.’’ (Internal quotation

marks omitted.)Canterbury v. Deojay, supra, 114 Conn.

App. 720–21.

Our review of the record indicates that the court’s

factual findings are supported by the evidence.8 To the

extent that Chapdelaine challenges the credibility of

the evidence, and the court’s weighing of the evidence,

such a determination is outside the scope of our review.

As to Chapdelaine’s challenge of the court’s reliance

on Klein’s testimony, in particular, we note that ‘‘[t]he

acceptance or rejection of the opinions of expert witnesses is a matter peculiarly within the province of the

trier of fact and its determinations will be accorded

great deference by this court. . . . In its consideration

of the testimony of an expert witness, the trial court

might weigh, as it sees fit, the expert’s expertise, his

opportunity to observe the defendant and to form an

opinion, and his thoroughness. It might consider also

the reasonableness of his judgments about the underlying facts and of the conclusions which he drew from

them. . . . It is well settled that the trier of fact can

disbelieve any or all of the evidence proffered . . . .’’

(Internal quotation marks omitted.) Sheppard v. Sheppard, 80 Conn. App. 202, 212, 834 A.2d 730 (2003).
Accordingly, we are not left with a definite and firm

conviction that a mistake has been committed.

The judgments are affirmed.

In this opinion the other judges concurred.

1

In the declaratory judgment action, Chapdelaine named as defendants

the town, Yorgensen, and Thomas DeJohn, the chairman of the Inland Wetlands and Watercourses Commission of the Town of Eastford.

In the enforcement action, Yorgensen named as defendants Chapdelaine,

Gary Warren, who occupies the property with Chapdelaine, and Mary A.

Duncan and John C. Revill, who are the owners of the property. Warren,

Duncan, and Revill are not parties to this appeal.

Hereafter, for the sake of clarity, we refer in this opinion to all individuals

by name rather than by party designation.

2

In her brief, Chapdelaine raised seventy-one claims of error. ‘‘[I]t is

the established policy of the Connecticut courts to be solicitous of [selfrepresented] litigants and when it does not interfere with the rights of

other parties to construe the rules of practice liberally in favor of the [selfrepresented] party. . . . Although we allow [self-represented] litigants

some latitude, the right of self-representation provides no attendant license

not to comply with relevant rules of procedural and substantive law.’’ (Citation omitted; internal quotation marks omitted.) Strobel v. Strobel, 64 Conn.

App. 614, 617–18, 781 A.2d 356, cert. denied, 258 Conn. 937, 786 A.2d 426

(2001). ‘‘This torrent of claimed error . . . serves neither the ends of justice

nor the defendant’s own purposes as possibly meritorious issues are

obscured by the sheer number of claims that are put before us. . . . Legal

contentions, like the currency, depreciate through over-issue. The mind of

an appellate judge is habitually receptive to the suggestion that a lower

court committed an error. But receptiveness declines as the number of

assigned errors increases. Multiplicity hints at lack of confidence in any

one [issue]. . . . [M]ultiplying assignments of error will dilute and weaken

a good case and will not save a bad one. . . . Most cases present only one,

two, or three significant questions. . . . Usually . . . if you cannot win on

a few major points, the others are not likely to help. . . . The effect of

adding weak arguments will be to dilute the force of the stronger ones.’’

(Citations omitted; footnote omitted; internal quotation marks omitted.)

State v. Pelletier, 209 Conn. 564, 566–67, 552 A.2d 805 (1989); see also Strobel

v. Strobel, supra, 618–19.

The majority of Chapdelaine’s claims are allegations that lack factual and

legal support. Furthermore, for each claim raised in her statement of issues,

she cites for our reference a range of pages that encompasses the entirety

of her brief. ‘‘[W]e are notrequired to review issues that have been improperly

presented to this court through an inadequate brief. . . . Analysis, rather

than mere abstract assertion, is required in order to avoid abandoning an

issue by failing to brief the issue properly. . . . Where the parties cite no

law and provide no analysis of their claims, we do not review such claims.’’

(Citation omitted; internal quotation marks omitted.) Turner v. American

Car Rental, Inc., 92 Conn. App. 123, 130–31, 884 A.2d 7 (2005). Accordingly,

the three claims addressed in this opinion are those upon which substantive

argument can be gleaned from Chapdelaine’s brief and oral argument before

this court. Those that are not addressed are without merit.

3 According to the agreement, the closing was to take place on or before

August 15, 2012. The property had not closed as of January 24, 2013, the

date of the court’s judgment.

4 Chapdelaine stated at trial that she did not appeal the commission’s

decision because she ‘‘was extremely happy.’’ Specifically, she stated that

‘‘I was happy with their decision. They gave me the decision to pasture

expand. They gave me permission to train.’’ She reiterated this satisfaction

and justification as to why she did not appeal the commission’s decision at

oral argument to this court.

5

In the enforcement complaint, Yorgensen failed to cite § 22a-44 (a) as

the basis for count one, and § 22a-44 (b) as the basis for count two. Instead,

she detailed count one as a violation of an unappealed cease and desist

order, and count two as a violation of §§ 2.1 and 6 of the regulations. We

address why Yorgensen’s failure to cite to § 22a-44 (b) did not bar her

recovery in part II of this opinion.

6 Chapdelaine makes various claims that are rooted in her belief that the

court impermissibly treated her declaratory judgment action as an appeal,

such as her contention that the court lacked a full record for review, because
the case was not brought as an appeal under the Uniform Administrative

Procedure Act (UAPA). However, we note for Chapdelaine that the court did

not treat her declaratory judgment action as an appeal of the commission’s

determination; instead, the court held that she should have appealed. The

UAPA only applies to appeals from the determination of a wetlands commission; Klug v. Inland Wetlands Commission, 30 Conn. App. 85, 91, 619 A.2d

8 (1993); and as found by the court, and as conceded by Chapdelaine, no

such appeal was taken. Instead, this was a consolidation of two separate

actions, neither of which was an appeal from the determination of the commission.

7 Section 6.1 of the Eastford Wetlands and Watercourses Regulations provides that ‘‘[n]o person shall conduct or maintain a regulated activity without

first obtaining a permit for such activity from the Inland Wetlands and

Watercourses Commission of the Town of Eastford.’’ We note that a 100

foot upland review area imposed by a local wetlands regulation has been

held to be ‘‘a valid administrative device reasonably designed to enable the

commission to protect and preserve wetlands located within [the town] in

fulfillment of its duty under the [Inland Wetlands and Water Courses Act].’’

(Internal quotation marks omitted.) Queach Corp. v. Inland Wetlands Commission, 258 Conn. 178, 201, 779 A.2d 134 (2001).

8 Notably, the record indicates that Chapdelaine’s expert, George Logan,

testified that Chapdelaine’s construction of the riding arena disturbed soils

within 100 feet of the Still River. The following colloquy occurred between

Schain, who was Yorgensen’s trial counsel, and Logan:

‘‘[Attorney Schain]: Mr. Logan, were soils disturbed during the construction of the riding arena?

‘‘[Logan]: Yeah.

‘‘[Attorney Schain]: And is some of that disturbance within 100 feet of

the Still River?

‘‘[Logan]: Yes.

‘‘[Attorney Schain]: And on other areas of the property, there are disturbed soils?

‘‘[Logan]: Well, it depends on how you define disturbed soils.

‘‘[Attorney Schain]: Soils which are—which have been—I’m sorry, allow

me to think of another word. Soils which have been upset from their natural state?

‘‘[Logan]: Minimally.

‘‘[Attorney Schain]: And some of that disturbance is within 100 feet of

the Still River? . . .

‘‘[Logan]: Yes.’’