FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was scheduled for hearing as a contested case on March 23, 2010, at 9:30 am, at which time the respondents appeared, but the complainant failed to appear to prosecute the complaint.  This matter was consolidated for hearing with Docket #FIC 2009-723, Franz Pielmeier v. Chairman, Historical Tree Restoration Committee, Town of Southbury; and Historical Tree Restoration Committee, Town of Southbury; and Docket #FIC 2009-737, Franz R. Pielmeier v. Chairman, Planning Commission, Town of Southbury; and Planning Commission, Town of Southbury.  

 

The Commission takes administrative notice of its decision in Docket #FIC 1999-156; Franz R. Pielmeier v. Secretary, Historical Tree Restoration Committee, Town of Southbury; Director, Department of Parks and Recreation, Town of Southbury; Board of Selectmen, Town of Southbury; and Town of Southbury (February 23, 2000), in which the complaint was dismissed, and the complainant was admonished by this Commission for his failure to appear at the hearing scheduled in that matter.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint is hereby dismissed for failure to prosecute.

 

            2.  The complainant is hereby cautioned that, in accordance with §1-206(b)(2), G.S., the Commission may impose a civil penalty on the complainant, if the Commission finds that such person has filed a complaint with the Commission frivolously, without reasonable grounds, and solely for the purpose of harassing the public agency from which the appeal has been taken.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 12, 2010.

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Franz Pielmeier

44 East Flat Hill Road

Southbury, CT 06488

 

Chairman, Inland Wetlands Commission,  

Town of Southbury; and Inland Wetlands

Commission, Town of Southbury

C/o Tara L. Shaw, Esq.

Secor, Cassidy & McPartland PC

P.O. Box 2818

41 Church Street

Waterbury, CT 06723

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2009-786FD/sw/5/14/2010