Simmons v. West Haven Housing Authority/Opinion of the Court

We noted probable jurisdiction in this case to decide whether § 52-542 of the Connecticut General Statutes requiring a bond for the protection of his landlord from a tenant who wished to appeal from a judgment in a summary eviction proceeding, offends either the Due Process or Equal Protection Clause of the Fourteenth Amendment if applied to foreclose appellate review for those too poor to post the bond, 394 U.S. 957, 89 S.Ct. 1311, 22 L.Ed.2d 558 (1969).

Because of an ambiguity in the record concerning the underlying reason these appellants were denied an opportunity to appeal the trial court's judgment ordering that they be evicted, we now conclude that this appeal should be dismissed, DeBacker v. Brainard, 396 U.S. 28, 90 S.Ct. 163, 24 L.Ed.2d 148 (1969); Rescue Army v. Municipal Court, 331 U.S. 549, 67 S.Ct. 1409, 91 L.Ed. 1666 (1947).

After unsuccessfully litigating in the trial court a summary eviction proceeding begun by their landlords, appellants moved in the trial court for a waiver of the bond requirement so that they might appeal. The trial court, apparently of the view that it had the power to waive the statutory bond requirement in an appropriate case, denied appellants' motion on a finding that 'this appeal is being taken for the purpose of delay.' App. 23. Appellants sought review of the trial court's denial of their motion in the Connecticut Circuit Court, and that court denied review and dismissed appellants' appeal. It is unclear from that court's opinion, however, whether it thought the bond requirement of § 52-542 left no room for a waiver, or instead based its refusal to hear appellants' appeal in part on the trial court's finding-cited in the Circuit Court's opinion that the appeal before it was taken only for purpose of delay. 5 Conn.Cir. 282, 250 A.2d 527 (1968). Appellants' petition to the Supreme Court of Connecticut to certify the case for review was declined.

In these circumstances, we deem it inappropriate for this Court to decide the constitutional issue tendered by appellants.

Dismissed.

Mr. Justice BLACKMUN took no part in the consideration or decision of this case.

Mr. Justice DOUGLAS, dissenting.