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LIZOTTE v. CONSERVATION COMMISSION

(13912), (13913)

216 Conn. 320 (1990)

LEWIS A. LIZOTTE ET AL. v. CONSERVATION COMMISSION OF THE TOWN OF SOMERS ET AL.

Supreme Court of Connecticut.

Decision released August 21, 1990.

Attorney(s) appearing for the Case

Ronald P. Sherlock, for the appellants in both cases (plaintiffs).

Edward J. McGuire, for the appellees in both cases (named defendant et al.).

David H. Wrinn, assistant attorney general, with whom, on the brief, were Clarine Nardi Riddle, attorney general, and Joseph Rubin, assistant attorney general, for the appellee (defendant commissioner of environmental protection).

David B. Losee and Gisele M. Drisdelle filed a brief for the Home Builders Association of Connecticut, Inc., as amicus curiae.

SHEA, CALLAHAN, GLASS, COVELLO and BORDEN, JS.

SHEA, J.

The dispositive issue in these appeals is the validity of a regulation adopted by the named defendant, the conservation commission of the town of Somers (commission), prohibiting the location of waste disposal systems and buildings within specified distances of an inland wetland or watercourse. In the factual context presented at trial involving the application of the regulation to tracts of undeveloped land, we conclude that the regulation is valid and,...

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