STARR v. COMMISSIONER OF ENVIRONMENTAL PROTECTION

(14529)

226 Conn. 358 (1993)

SUSAN S. STARR v. COMMISSIONER OF ENVIRONMENTAL PROTECTION ET AL.

Supreme Court of Connecticut.

Decision released July 6, 1993.


Attorney(s) appearing for the Case

John M. Looney, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellant (named defendant).

Kathleen Elder gill, for the appellee (plaintiff).

Kevin C. Murphy filed a brief for the Conservation and Environmental Quality Section of the Connecticut Bar Association as amicus curiae.

Paul B. Edelberg, William Bouton III, Edward Samorajczyk, Alexander H. Schwartz and Kevin Ferrigno filed a brief for the Banking Law Section of the Connecticut Bar Association as amicus curiae.

Dean M. Cordiano and John R. Bashaw filed a brief for the Connecticut Bankers Association et al. as amici curiae.

Patrick W. Hanifan, William H. Narwold and Laura W. Ray filed a brief for the New England Legal Foundations as amicus curiae.

PETERS, C. J., CALLAHAN, BORDEN, BERDON, NORCOTT,


CALLAHAN, J.

This case concerns the issue of whether the owner of certain real estate, the plaintiff, Susan S. Starr, can be held liable pursuant to General Statutes § 22a-432,2 to correct a condition on her land that can reasonably be expected to create a source of pollution to the waters of the state,3 even though she did not create the condition, acquiesce in its creation, or even own the property when...

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