Opinion
SC 20814
04-16-2024
The METROPOLITAN DISTRICT COMMISSION v. MARRIOTT INTERNATIONAL, INC., et al.
McDonald, D’Auria, Mullins, Ecker, Alexander, Dannehy and Ficeto, Js.
This court, having requested by order dated February 28, 2024, supplemental briefing from the parties on, inter alia, the issue of whether this appeal would be rendered moot by virtue of certain actions taken by the plaintiff, it is hereby ordered that the appeal is dismissed, and the judgment of the Appellate Court is vacated.
As a result of actions taken by the plaintiff, the Metropolitan District Commission, since the Appellate Court rendered judgment in its favor; see Metropolitan District Commission v. Marriott International, Inc., 216 Conn. App. 154, 179, 284 A.3d 985 (2022); and after oral argument before this court, the appeal by the named defendant has been rendered moot. Consequently, the appeal is dismissed, and the judgment of the Appellate Court is vacated. See, e.g., State v. Charlotte Hungerford Hospital, 308 Conn. 140, 143, 60 A.3d 946 (2013) (vacating judgment of lower court is appropriate "[w]hen, during the pendency of an appeal, events have occurred that preclude an appellate court from granting any practical relief through its disposition of the merits, [thereby rendering the] case … moot" (internal quotation marks omitted)); see also Private Healthcare Systems, Inc. v. Torres, 278 Conn. 291, 303, 898 A.2d 768 (2006) ("[a] party who seeks review of the merits of an adverse ruling, but is frustrated by the vagaries of circumstance, ought not in fairness be forced to acquiesce in the judgment" (internal quotation marks omitted)).