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<br />Zoning Bulletin
<br />
<br />January 25, 2010 I Volume 41 No.2
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<br />it a permit to use some of the sewer capacity allocated to a nearby recre-
<br />ation center. Tuccio applied to the Board for the permit. In May 2006, the
<br />. Board eventually denied Tuccio's permit request.
<br />In June 2006, Tuccio and Patriots Way filed a lawsuit (the. "June
<br />lawsuit") against'the Town. The lawsuit alleged that the Board reject-
<br />ed the sewer extension plan in retaliation for an uwelated lawsuit that
<br />Tuccio had filed against a Town police officer.
<br />After filing the June lawsuit, Tuccio requested private meetings with
<br />the Town's Director of Planning and Zoning and one of the Town'sse-
<br />.lectmen (collectively, the "Town officials"). Tuccio did not advise the
<br />Town officials of the purpose of the requested meetings; The Town of-
<br />ficials declined to meet with Tuccio" A Town attorney wrote to Tuccio,
<br />advising him that during the pendency of the June lawsuit, any com-
<br />municationWith Town officials should be in writing. .
<br />In'August 2006, Tuccio then brought a second lawsuit against the
<br />Town (the "August lawsuit"). In that laWSUit, he alleged thatTown of-
<br />ficials' refusal to meet with him was a "retaliatory de:privation of his .
<br />First Amendment right to petition the government." , , ,
<br />The district'court dismissed the June lawsuit. A jury found in Tuc-
<br />cio's favor in the August lawsuit.
<br />The Town moved Jot judgment as a matter of law; asking the court
<br />to overtuin the jury verdict.
<br />Finding Tuccio's evidence "did not reasonably support a verdict in
<br />his favor," the district court granted the Town's motion. . . .
<br />Tuccio appealed.
<br />
<br />The Court's Decision: Judgment of the United $tates District Court
<br />for the District of Connecticut in favor of the Town is affirmed.
<br />
<br />The United States Court of Appeals, Second Circuit, held that the
<br />Town officials' refusal to meet With Tuccio after Tuccio filed the June
<br />lawsuit agaInst the Town did not violate Tuccio's 1st Aillendment right
<br />to petition the government. '.
<br />The court explained that government officials are prohibited from
<br />punitively retaliating against persons who exercise $eir 1st Amend-
<br />ment.right to sue the government. However, noted,the court that does
<br />not mean that government officials are legally required. to "behave
<br />with a litigation adversary exactly as they would if the person were '
<br />not a litigation adversary.'~ "[A] government offic;ial's reasonable and
<br />prudent adjustment of conduct in view of pending litigation, espe~lally
<br />when it causes no harm, doe:s not constitute actionable retaliation for
<br />the exercise of the First Amendment right to sue." ,
<br />Here,. f6undthe court, when Tuccio requested private meetings
<br />with Town officials, he "had no business with the Town and suffered
<br />no harm or injury" from the Town officials' refusal to meet with him.
<br />Tuccio never revealed----'at the time of the request or after the,refusal-
<br />why he wanted to meet with Town officials. Moreover, Tuccio "was
<br />
<br />@ 2010 Thomson Reuters
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<br />3
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