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BAUER v. WASTE MANAGEMENT OF CONNECTICUT, INC.

(14949), (14951)

234 Conn. 221 (1995)

ROBERT BAUER v. WASTE MANAGEMENT OF CONNECTICUT, INC. WASTE MANAGEMENT OF CONNECTICUT, INC. v. ZONING COMMISSION OF THE TOWN OF NEW MILFORD

Supreme Court of Connecticut.

Decision released July 11, 1995.

Attorney(s) appearing for the Case

Jeffrey B. Sienkiewicz, with whom was Michael S. McKenna, for the appellant (substitute plaintiff in Docket No. 14949, defendant in Docket No. 14951).

Timothy S. Hollister, with whom was Clare E. Kindall, for the appellee (defendant in Docket No. 14949, plaintiff in Docket No. 14951).

William H. Ethier filed a brief for the Home Builders Association of Connecticut, Inc., as amicus curiae in Docket No. 14951.

Bruce J. Parker, pro hac vice, Andrew J. Pincus, pro hac vice, and Richard G. Adams filed a brief for the National Solid Wastes Management Association as amicus curiae in Docket No. 14951.

CALLAHAN, BORDEN, BERDON, KATZ and PALMER, JS.

BORDEN, J.

The principal issues in these appeals and cross appeal are whether the trial court properly determined that: (1) the New Milford zoning commission (commission) had not waived its opportunity to restrict the height of a landfill in New Milford (landfill) owned and operated by Waste Management of Connecticut, Inc. (Waste Management), by the commission's failure to appeal from the issuance of a department of environmental...

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