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CITY RECYCLING, INC. v. STATE

(SC 15940)

247 Conn. 751 (1999)

CITY RECYCLING, INC. v. STATE OF CONNECTICUT ET AL.

Supreme Court of Connecticut.

Officially released February 23, 1999.

Attorney(s) appearing for the Case

Alan Neigher, with whom were Judith M. Trutt and William E. Strada, Jr., for the appellant (plaintiff).

Richard F. Webb, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellees (defendants).

Borden, Berdon, Norcott, Palmer and Peters, Js.

Opinion

PETERS, J.

General Statutes § 22a-208a (a),1 as amended in 1997 by Public Acts 1997, No. 97-300, § 2, prohibits the commissioner of environmental protection from approving, for a city with a population of greater than 100,000, the establishment or construction of "a new volume reduction plant or transfer station located, or proposed to be located, within one-quarter mile of a child day care center......

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