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CANNATA v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

(13877)

215 Conn. 616 (1990)

MICHAEL CANNATA ET AL. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION ET AL.

Supreme Court of Connecticut.

Decision released July 17, 1990.

Attorney(s) appearing for the Case

Elliott B. Pollack, with whom were Michael Kurs and, on the brief, Lori J. Kremidas, for the appellants (plaintiffs).

Janet P. Brooks, assistant attorney general, with whom, on the brief, were Clarine Nardi Riddle, attorney general, and Joseph Rubin, assistant attorney general, for the appellee (named defendant).

Katherine H. Robinson, for the appellee (defendant Connecticut Fund for the Environment, Inc.).

PETERS, C. J., SHEA, CALLAHAN, COVELLO and HULL, JS.

SHEA, J.

The dispositive issue in this appeal is whether a court or an administrative agency should decide in the first instance whether an agency has jurisdiction over a particular subject matter. The plaintiffs, Michael and Deborah Cannata, brought an appeal pursuant to General Statutes § 4-1831 of the Uniform Administrative Procedure Act (UAPA) to the Superior Court from a decision by the named defendant, the department of environmental...

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