Historic District Commission v. Hall
923 A.2d 726, 2007 Conn. LEXIS 232, 282 Conn. 672 (2007)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
An object can be considered "affixed to the land," and therefore a "structure" subject to regulation by a historic district commission, solely by virtue of its substantial weight and the force of gravity, without requiring physical embedding or mechanical attachment.
Facts:
- Andrew J. Hall and Christine Hall owned residential property within the Southport Historic District in Fairfield.
- In 2003, the Halls acquired a sculpture by Anselm Kiefer, titled 'Etroits sont les vaisseaux'.
- The sculpture is made of concrete and steel rebar, is approximately 80 feet long, has a maximum height of four feet, and weighs over six tons.
- To prepare for the installation, the Halls excavated an 80-foot trench, which they filled with over 21 tons of gravel and stone to create a level, drained base.
- The sculpture was delivered on five flatbed trucks and assembled on the gravel bed over two days using a crane.
- The Halls initially filed an application for a certificate of appropriateness with the historic district commission but withdrew it before the commission could act on it.
- Approximately two months after withdrawing their application, the Halls installed the sculpture on their front lawn without the commission's permission.
Procedural Posture:
- The historic district commission of Fairfield sued Andrew and Christine Hall in the trial court, seeking a declaratory judgment and injunctive relief.
- Both parties filed motions for summary judgment.
- The trial court granted the commission's motion for summary judgment and denied the Halls' motion.
- The trial court ordered the Halls to remove the sculpture or file an application for a certificate of appropriateness.
- The Halls (appellants) appealed the trial court's judgment to the Appellate Court.
- The Supreme Court of Connecticut transferred the appeal from the Appellate Court to itself.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a large, multi-ton sculpture placed on a specially prepared gravel bed, but not physically embedded in or bolted to the ground, constitute a "structure" that is "affixed to the land" within the meaning of General Statutes § 7-147a (a), thereby requiring approval from a historic district commission?
Opinions:
Majority - Zarella, J.
Yes. A multi-ton sculpture resting on a prepared base is "affixed to the land" by the force of gravity and therefore constitutes a "structure" subject to the commission's jurisdiction. The statute does not define how an object must be "affixed," so the court looks to the common meaning of the term, which includes being made stable, fast, or secure. While methods like embedding or bolting an object to the ground qualify, the force of gravity acting on an object of substantial mass and weight can serve the same purpose of fixing it firmly in position. The court draws support from fixtures law in other jurisdictions, which recognizes that buildings and heavy equipment can be affixed to realty by gravity alone. This interpretation does not subject all outdoor items like patio furniture to regulation, as the statute is directed at objects that are "constructed, built, installed or enlarged" and possess "exterior architectural features," distinguishing the massive, complex installation of the sculpture from small, easily movable objects.
Analysis:
This decision broadens the regulatory authority of historic district commissions by establishing a functional, rather than a purely mechanical, definition of what it means for a structure to be "affixed to the land." By recognizing gravity as a sufficient means of affixation for massive objects, the court prevents property owners from circumventing aesthetic review through technicalities. This precedent clarifies that the key inquiry is an object's degree of permanence and immobility, not the specific method of its installation. Future cases involving large, unattached installations like modern art or prefabricated units within historic districts will now be subject to commission approval.
