LEYDON v. GREENWICH

(SC 16356), (SC 16357)

257 Conn. 318 (2001)

BRENDEN P. LEYDON v. TOWN OF GREENWICH ET AL.

Supreme Court of Connecticut.

Officially released July 26, 2001.


Attorney(s) appearing for the Case

Ralph G. Elliot, for the appellants in Docket No. 16356 (named defendant et al.).

Mark R. Kravitz, with whom, on the brief, were Suzanne E. Wachsstock and Dylan S. Calsyn, for the appellant in Docket No. 16357 (Lucas Point Association, Inc.).

Brenden P. Leydon, pro se, the appellee in both cases (plaintiff).

Toya Alek Graham, Philip D. Tegeler and Martin B. Margulies filed a brief for the Connecticut Civil Liberties Union Foundation as amicus curiae.

Russell L. Brenneman, filed a brief for the commissioner of environmental protection as amicus curiae.

VERTEFEUILLE and DRANGINIS, JS.


Opinion

PALMER, J.

This certified appeal raises an important issue of first impression in this state, namely, whether a municipality constitutionally may restrict access to a municipal park to its residents and their guests. We conclude that such a restriction is prohibited by the first amendment to the United States constitution1 and article first, §§ 4,

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