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STARR v. COMMISSIONER OF ENVIRONMENTAL PROTECTION

(15234)

236 Conn. 722 (1996)

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

Supreme Court of Connecticut.

Officially released April 30, 1996.

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-appellee (named defendant).

Kathleen Eldergill, for the appellee-appellant (plaintiff).

Callahan, Borden, Berdon, Norcott and Katz, Js.

KATZ, J.

The dispositive issue in this appeal is whether the plaintiff, Susan S. Starr, acquired a polluted 44.3 acre parcel of land by inheritance, thereby making her an innocent landowner pursuant to General Statutes § 22a-452d.

The following facts and procedural history are undisputed. On February 23, 1976, the plaintiffs husband, S. Leger Starr (decedent), died leaving a will that named the plaintiff the executrix of his estate. The will created two...

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