MCMANUS v. COMMISSIONER OF ENVIRONMENTAL PROTECTION

(14836)

229 Conn. 654 (1994)

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

Supreme Court of Connecticut.

Decision released June 14, 1994.


Attorney(s) appearing for the Case

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 appellant (defendant).

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

PETERS, C. J., CALLAHAN, BORDEN, BERDON and KATZ, JS.


KATZ, J.

The sole issue in this certified appeal is whether, under the circumstances of this case, the defendant, the commissioner of environmental protection, was permitted to issue an administrative order to abate a violation of the wetlands laws pursuant to General Statutes § 22a-44 (a) after maintaining, for three years, a civil action pursuant to § 22a-44 (b) that was subsequently withdrawn without prejudice.1 We

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