MUMFORD COVE ASS'N, INC. v. TOWN OF GROTON, CONN.

Civ. A. No. H 84-1256 (JAC).

647 F.Supp. 671 (1986)

MUMFORD COVE ASSOCIATION, INC., et al., Plaintiffs, Stanley J. Pac, Commissioner of Environmental Protection, Plaintiff-Intervenor, v. The TOWN OF GROTON, CONNECTICUT, Defendant. The MUMFORD COVE ASSOCIATION, INC., et al., and Stanley J. Pac, Commissioner of Environmental Protection, Plaintiffs, v. The CITY OF GROTON, CONNECTICUT; Catherine J. Kolnaski, Mayor; The Groton City Council, Diane Contino, Biagio Donatelli, Eleanor Gergen, George Gregory, Jr., Jack Kelley, Peter Racich, Jr.; the City of Groton Conservation Commission, Longene J. Chmura, Chairman, William C. Spicer, Jr., Anthony Skiff, Lorraine Santangelo, Winnifred Bonney, Thomas Filburn, Doris Donatelli; the City of Groton Planning and Zoning Commission, Waldren Higgins, Betsy Gibson, Harry Santangelo, Phillip Bergeron, Richard Kowaleski, Arthur Greenleaf, III, James Contino, Eugene T. Ramsey, Deborah Dey; City of Groton Harbor Management Commission, John Spicer, Chairman, Edward Sheer, Thomas Clay, Frederic Franzius, Zene Gergen, David J. Franco, Frank Scheetz; Frank Varella, City of Groton Highway Superintendent and Tree Warden; Elliot Barnes, City of Groton Zoning and Building Official; William Clinton, City of Groton Director of Utilities; and the Town of Groton, Connecticut, Defendants to the Order to Show Cause.

United States District Court, D. Connecticut.

October 29, 1986.


Attorney(s) appearing for the Case

Mark R. Sussman, Charles Yuen, Murtha, Cullina, Richter & Pinney, Hartford, Conn., for plaintiffs, The Mumford Cove Ass'n and Its Individually-Named Members.

Richard F. Webb, Asst. Atty. Gen., State of Conn., Hartford, Conn., for plaintiff-intervenor Stanley J. Pac, Com'r, Dept. of Environmental Protection.

Gregory A. Sharp, Sharp & Berger, Hartford, Conn., James F. Brennan, Suisman, Shapiro, Wool, Brennan, Gray & Faulkner, P.C., New London, Conn., for defendant Town of Groton.

Kathleen Eldergill, Beck & Eldergill, Manchester, Conn., for City of Groton, et al., defendants to the Order to Show Cause.

Timothy D. Bates, Copp, Berall & Hempstead, New London, Conn., for defendant Conservation Com'n of the City of Groton, et al.

Philip Tuthill (House of Representatives, State of Conn.), amicus curiae, pro se.


MEMORANDUM OF DECISION AND ORDER

JOSÉ A. CABRANES, District Judge:

Since 1974, when the Town of Groton (the "Town") replaced a smaller sewage treatment plant with a large one, the Town has been discharging effluent into Fort Hill Brook, upstream from Mumford Cove. These discharges have "changed Mumford Cove from a tidal saltwater embayment, abounding in diverse plant and animal life and fit for human use, into a brackish water choked monoculture of...

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