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NEWTOWN v. KEENEY

(15027)

234 Conn. 312 (1995)

TOWN OF NEWTOWN v. TIMOTHY R. E. KEENEY, COMMISSIONER OF ENVIRONMENTAL PROTECTION

Supreme Court of Connecticut.

Decision released July 18, 1995.

Attorney(s) appearing for the Case

David H. Wrinn, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellant (defendant).

Daniel F. Wolf, with whom was David L. Grogins, for the appellee (plaintiff).

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

BERDON, J.

The dispositive issue in this appeal is whether the trial court improperly concluded that the commissioner of environmental protection had abused his discretion in rejecting a hearing officer's recommendation and denying the town's permit application to expand its landfill without remanding the matter for further proceedings in order to complete the record.

In 1989, the plaintiff, the town of Newtown (town), applied to the department of environmental...

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