The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.
AC38868 - Recycling, Inc. v. Commissioner of Energy & Enviromental Protection (Administrative appeal; "The plaintiff, Recycling, Inc. (RCI), appeals from the judgment of the trial court dismissing its administrative appeal from the decision of the defendant Commissioner of Energy and Environmental Protection (commissioner), denying its application for an individual permit to construct and operate a volume reduction facility (individual permit) and revoking its general permit to construct and operate certain recycling facilities (general permit). On appeal, RCI claims that the trial court erred in dismissing its appeal because: (1) the denial and revocation was not warranted under the circumstances of this case; (2) the hearing officer violated its rights to a fair hearing by applying an erroneous standard of review; (3) the hearing officer erroneously excluded relevant evidence; and (4) the commissioner engaged in improper conduct during the proceedings. We affirm the judgment of the trial court.")
AC39496 - Lawrence v. Dept. of Energy & Environmental Protection (Administrative appeal; "The plaintiff, Robert H. Lawrence, Jr., appeals from the judgment of the Superior Court dismissing his administrative appeal from the decision of the Commissioner of Energy and Environmental Protection (commissioner) granting the application of 16 Highgate Road, LLC (Highgate), to construct a residential dock and pier.The plaintiff claims that the court improperly concluded that (1) he was not classically aggrieved by the commissioner's decision, (2) he was statutorily aggrieved under General Statutes § 22a-19 only with respect to his claim of visual degradation, (3) the commissioner's decision was supported by substantial evidence in the record and (4) the commissioner's decision complied with all applicable laws and regulations. We affirm the judgment of the Superior Court.")
- Appendix - Lawrence v. Dept. of Energy & Environmental Protection
The Judicial Branch has announced that it is now publishing a syllabus (headnote) at the top of each Supreme and Appellate Court opinion:
The Judicial Branch is now posting online headnotes for both Supreme and Appellate Court opinions. These headnotes, which accompany individual Supreme and Appellate Court decisions, include a short summary of the ruling and the procedural history of a case. The Reporter of Judicial Decisions prepares the headnotes, which are not part of the opinion. As such, the opinion alone should be relied upon for the reasoning behind the decision [Emphasis added].
Subscribe to a case law category (or categories) of your choice through our Email Digest or RSS delivery services to receive the latest cases from the Supreme or Appellate Courts delivered directly to your inbox.
- Posted in:
-
Administrative Appeal Law,
-
Business Law,
-
Connecticut Law Journal,
-
Contract Law,
-
Criminal Law & Procedure,
-
Declaratory Judgment Law,
-
Employment Law,
-
Environmental Law,
-
Family Law,
-
Foreclosure Law,
-
Freedom of Information Law,
-
FYI,
-
Habeas Corpus Law,
-
Insurance Law,
-
Juvenile Law,
-
Land Use Law,
-
Landlord / Tenant Law,
-
Legal Malpractice & Attorney Discipline Law,
-
Legal Research,
-
Medical Malpractice Law,
-
Probate Law,
-
Property Law,
-
Recent Opinions,
-
Self-Help,
-
Tort Law,
-
Workers' Compensation Law
SC19799 - Middlebury v. Connecticut Siting Council ("This appeal concerns a proviso contained in General Statutes § 16-50p, which precludes the defendant, Connecticut Siting Council, from granting a certificate of environmental compatibility and public need (certificate) for operation of an electric generating or storage facility unless the council, among other things, 'considers neighborhood concerns' with respect to specified factors. The plaintiffs, the town of Middlebury and sixteen residents and entities situated in Middlebury and adjacent towns, appeal from the judgment of the trial court dismissing their appeal from the decision of the council granting the petition of CPV Towantic, LLC (CPV), to open and modify a certificate for an electric generating facility. The plaintiffs' principal claim is that the trial court improperly determined that the council adequately had considered neighborhood concerns, despite the absence of express findings or analysis in its decision addressing the plaintiffs' concerns about adverse impacts from the facility. We affirm the judgment of the trial court.")
SC19620 - Connecticut Energy Marketers Assn. v. Dept. of Energy & Environmental Protection (Declaratory judgment; sovereign immunity; "The issue that we must address in this appeal is whether the issuance of a comprehensive energy strategy by the defendant Department of Energy and Environmental Protection (department), pursuant to a legislative directive, and the subsequent approval of a plan to expand the use of natural gas in this state by the department and the defendant Public Utilities Regulatory Authority (authority) constituted ' "actions which may significantly affect the environment" ' within the meaning of General Statutes § 22a-1c, thereby triggering the requirement for written evaluation of the expansion plan's environmental impact pursuant to General Statutes § 22a-1b (c). The plaintiff, Connecticut Energy Marketers Association, brought this action against the defendants claiming that they violated the Environmental Policy Act (act), General Statutes § 22a-1 et seq., when the department issued a comprehensive energy strategy that contemplated a significant expansion of the use of natural gas in this state, and when both defendants approved a plan for such expansion, without evaluating the environmental impact of, among other things, an increase in the use of natural gas pursuant to § 22a-1b (c). The defendants filed separate motions to dismiss the plaintiff's complaint claiming that only 'individual activities or a sequence of planned activities proposed to be undertaken by state departments, institutions or agencies, or funded in whole or in part by the state, which could have a major impact on the state's' environmental resources; General Statutes § 22a-1c; constitute 'actions which may significantly affect the environment' for purposes of § 22a-1b (c). Because they did not undertake any such activities, the defendants claimed, no environmental impact evaluation was required. The trial court agreed with the defendants and rendered judgment dismissing the complaint. The plaintiff claims on appeal to this court that the trial court improperly determined that the defendants' activities did not constitute 'actions which may significantly affect the environment' for purposes of § 22a-1b (c). We disagree with the plaintiff, and affirm the judgment of the trial court.")
- SC19620 Dissent - Connecticut Energy Marketers Assn. v. Dept. of Energy & Environmental Protection