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Concerned Citizens v. Department of Environmental Protection

Concerned Citizens of Willington v. Department of Environmental Protection

Concerned Citizens v. Dep't of Env't Prot., 660 A.2d 356 (Conn. 1995)
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Court
Supreme Court of Connecticut · State Highest Courts
Decided
June 26, 1995
Judges
Berdon
Citations
660 A.2d 356234 Conn. 9131995 Conn. LEXIS 273

Opinion of the Court — Berdon

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The plaintiffs’ petition for certification for appeal from the Appellate Court (AC 14423) is denied.

Berdon, J.,

dissenting. I disagree and would grant certification to appeal on the following issue: “Did the Appellate Court improperly dismiss as moot this appeal from the issuance of certain environmental permits when (1) the mootness claim was based solely on the defendant developer’s destruction, while the appeal was pending, of the natural resources the plaintiffs had *914 sought to protect, (2) there was no evidence to allow the court to conclude that the damage could not be rectified, and (3) the dismissal denied the plaintiffs any opportunity for relief?”

Decided June 26, 1995 Michael A. Zizka, in support of the petition. David B. Losee, in opposition.

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