WILKINSON v. INLAND WETLANDS & WATERCOURSES COMMISSION

(9030)

24 Conn. App. 163 (1991)

JOSEPH A. WILKINSON ET AL. v. INLAND WETLANDS AND WATERCOURSES COMMISSION OF THE TOWN OF KILLINGWORTH ET AL.

Appellate Court of Connecticut.

Decision released February 26, 1991.


Attorney(s) appearing for the Case

Margery W. Smith, town attorney, for the appellant (named defendant).

Thomas A. Cloutier, with whom, on the brief, were Jeffrey C. Eddy and R. Scott Patterson, for the appellees (plaintiffs).

O'CONNELL, NORCOTT and LANDAU, JS.


NORCOTT, J.

The defendant Killingworth inland wetlands and watercourses commission (IWWC)1 appeals from the judgment of the trial court in favor of the plaintiffs, Joseph A. Wilkinson and Carol P. Wilkinson. The dispositive issue on appeal is whether a court or an administrative agency should be the first to decide whether that agency has jurisdiction over a particular subject matter.

The following facts are relevant to the resolution...

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