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AVALONBAY COMMUNITIES v. SEWER COM'N

No. 17131.

853 A.2d 497 (2004)

270 Conn. 409

AVALONBAY COMMUNITIES, INC., et al. v. SEWER COMMISSION OF THE CITY OF MILFORD et al.

Supreme Court of Connecticut.

Decided July 27, 2004.

Attorney(s) appearing for the Case

Joseph P. Williams, with whom were Timothy S. Hollister, Beth B. Critton, Hartford, Brian Lema and, on the brief, Stephen W. Studer, Milford, for the appellants (plaintiffs).

Michael J. Dorney, Milford, with whom were Matthew A. Sokol, Marilyn J. Lipton, city attorney, and, on the brief, Charles R. Andres, New Haven, for the appellees (defendants).

BORDEN, NORCOTT, PALMER, VERTEFEUILLE and ZARELLA, Js.

NORCOTT, J.

This appeal arises out of an action brought by the named plaintiff, AvalonBay Communities, Inc. (AvalonBay),1 against the defendants, the sewer commission of the city of Milford and its chairman, Peter Vita (collectively, the commission), and the city of Milford (city), seeking a writ of mandamus ordering the commission to approve its application to connect a proposed housing development to the city's sanitary sewer system...

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