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TOWN OF WALLINGFORD v. WERBISKI

No. 17376.

877 A.2d 749 (2005)

274 Conn. 483

TOWN OF WALLINGFORD v. Walter WERBISKI et al.

Supreme Court of Connecticut.

Decided July 19, 2005.

Attorney(s) appearing for the Case

Michael Brodinsky, for the appellants (named defendant et al.).

Janis M. Small, Wallingford, town attorney, for the appellee (plaintiff).

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

NORCOTT, J.

The principal issue in this appeal is whether General Statutes § 7-148(c)(6)(A)(iii)1 permits a municipality to enter upon and to survey privately owned land to determine the feasibility of creating a "public improvement" on that land, when the survey would be for exploratory purposes only because the "public improvement" has not yet formally been planned or funded. The defendants, Walter Werbiski and Joyce Werbiski,

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