AVALONBAY COMMUNITIES, INC. v. INLAND WETLANDS COMMISSION

(SC 16807)

266 Conn. 150 (2003)

AVALONBAY COMMUNITIES, INC. v. INLAND WETLANDS COMMISSION OF THE TOWN OF WILTON

Supreme Court of Connecticut.

Officially released October 14, 2003


Attorney(s) appearing for the Case

Timothy S. Hollister, with whom were Matthew Ranelli and, on the brief, Beth Bryan Critton, for the appellant (plaintiff).

Maureen Danehy Cox, with whom, on the brief, was Jennifer E. Sills, for the appellee (defendant).

Richard F. Webb, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellee (intervening defendant commissioner of environmental protection).

Christopher J. Smith and William H. Ethier filed a brief for the Home Builders Association of Connecticut, Inc., as amicus curiae.

Borden, Norcott, Palmer, Vertefeuille and Zarella, Js.


Opinion

VERTEFEUILLE, J.

The dispositive issue in this appeal is whether the trial court properly concluded that the defendant, the inland wetlands commission of the town of Wilton (commission), correctly exercised its jurisdiction by denying an inland wetlands permit to the plaintiff, AvalonBay Communities, Inc., despite the fact that the plaintiff's proposed construction of an affordable housing development...

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