Section 46a-64c

Citation: Section 46a-64c
Parent Document: Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898215/commission-on-human-rights-oppo... ↗

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The majority’s decision, which does turn every rental property in this state into a government regulated and lease controlled rental facility, is revolutionary both in terms of the law of property as well as the fundamental law of American government. Our founders established a government with three equal and separate branches. See U.S. Const., art. I, II, III. Under the separation of powers doctrine, the courts were not to become the lawmakers. A court may not create legislation simply because its members believe, for social reasons, that such legislation is necessary. See 1 J. Sutherland, Statutory Construction (5th Ed. Singer 1994) § 3.06 p. 55 (courts not empowered to rewrite statutes to suit their notions of sound public policy). As footnote 25 of the majority opinion, however, explains: “[W]e often have construed statutes or acts of the legislature in such a way as to fulfill their basic purpose, even when that construction went beyond, or seemed contrary to, the statutes’ facial requirements.” (Emphasis added.) I *806believe that this court is making laws in this case, well beyond its constitutional warrant and, in doing so, fostering bad public policy.

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