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MCMANUS v. COMMISSIONER OF ENVIRONMENTAL PROTECTION

(11343)

31 Conn. App. 105 (1993)

VINCENT T. MCMANUS, JR., ET AL. v. COMMISSIONER OF ENVIRONMENTAL PROTECTION

Appellate Court of Connecticut.

Decision released April 27, 1993.

Attorney(s) appearing for the Case

Patrick M. Noonan, for the appellants (plaintiffs).

Patricia A. Horgan, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Joseph Rubin and Robert B. Teitelman, assistant attorneys general, for the appellee (defendant).

DUPONT, C. J., HEIMAN and FREEDMAN, JS.

DUPONT, C.J.

The plaintiffs1 appeal from a judgment of the trial court upholding an order of the commissioner of the department of environmental protection (DEP). The order required the plaintiffs to remove fill that had been placed around a farm pond that had been excavated on wetlands on their property and to restore the wetlands surrounding the pond. The dispositive issue on appeal is one that has not been resolved by our appellate...

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