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GIL v. INLAND WETLANDS & WATERCOURSES AGENCY

(14144)

219 Conn. 404 (1991)

PATRICK R. GIL v. INLAND WETLANDS AND WATERCOURSES AGENCY OF THE TOWN OF GREENWICH ET AL.

Supreme Court of Connecticut.

Decision released July 9, 1991.

Attorney(s) appearing for the Case

Eugene F. McLaughlin, Jr., assistant town attorney, for the appellant (named defendant).

James D'Alton Murphy, for the appellee (plaintiff).

Richard Blumenthal, attorney general, and Joseph Rubin, Janet P. Brooks and Kimberly P. Massicotte, assistant attorneys general, filed a brief for Leslie A. Carothers, commissioner of environmental protection, as amicus curiae.

Katharine H. Robinson filed a brief for the Connecticut Fund for the Environment as amicus curiae.

PETERS, C. J., SHEA, CALLAHAN, BORDEN and F. X. HENNESSY, JS.

PETERS, C. J.

The primary issue in this appeal is the standard to be applied in determining whether an inland wetlands agency's denial of a building permit has effected an unconstitutional taking of an applicant's property. The plaintiff, Patrick R. Gil, is the owner of residentially zoned property subject to wetlands regulations. After the named defendant, the inland wetlands and watercourses agency of the town of Greenwich (agency),1

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