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SANTINI v. CONNECTICUT HAZARDOUS WASTE MANAGEMENT SERVICE

(SC 16023)

251 Conn. 121 (1999)

EVANDRO S. SANTINI ET AL. v. CONNECTICUT HAZARDOUS WASTE MANAGEMENT SERVICE

Supreme Court of Connecticut.

Officially released November 9, 1999.

Attorney(s) appearing for the Case

Timothy S. Hollister, with whom was Joseph P. Williams, for the appellants (plaintiffs).

Frank H. Santoro, for the appellee (defendant).

William H. Ethier filed a brief for the Home Builders Association of Connecticut, Inc., et al. as amici curiae.

Richard Blumenthal, attorney general, and Robert D. Snook, assistant attorney general, filed a brief for the state department of economic and community development et al. as amici curiae.

Callahan, C. J., and Borden, Berdon, Norcott, Katz, Palmer and McDonald, JS.

Opinion

BORDEN, J.

The dispositive issue in this appeal1 is whether mere governmental planning may constitute a taking, in the form of an inverse condemnation, under article first, § 11, of the Connecticut constitution.2 The plaintiffs, Evandro S. Santini (Santini) and Santini Homes, Inc. (Santini Homes), appeal from the judgment of the trial...

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