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PAUPACK DEVELOPMENT CORP. v. CONSERVATION COMMISSION

(14763)

229 Conn. 247 (1994)

PAUPACK DEVELOPMENT CORPORATION v. CONSERVATION COMMISSION OF THE TOWN OF NEW FAIRFIELD

Supreme Court of Connecticut.

Decision released March 24, 1994.

Attorney(s) appearing for the Case

Gail E. McTaggart, with whom, on the brief, was Richard R. Talbot, for the appellant (defendant).

Douglas J. Lewis, for the appellee (plaintiff).

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

PETERS, C. J., BORDEN, NORCOTT, KATZ and PALMER, JS.

NORCOTT, J.

The dispositive issue in this appeal is whether the exemption contained in General Statutes § 22a-40 (a) (2)1 for construction of residential homes in wetlands as of right, that is, without the approval of a local wetlands authority, includes an exemption for construction in a subdivision lot approved by a local planning commission prior to July 1, 1974, for which no building...

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