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AVALONBAY v. ZONING COM'N OF STRATFORD

Nos. 24507, 24508.

867 A.2d 37 (2005)

87 Conn.App. 537

AVALONBAY COMMUNITIES, INC. v. ZONING COMMISSION OF the TOWN OF STRATFORD AvalonBay Communities, Inc. v. Inland Wetlands and Watercourses Agency of the Town of Stratford.

Appellate Court of Connecticut.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Joel H. Thompson, Bridgeport, with whom was Kevin C. Kelly, town attorney, for the appellant (proposed intervenor in both cases).

Amy E. Souchuns, with whom was Timothy S. Hollister, Hartford, for the appellee (plaintiff in both cases).

Timothy D. Bates, New London, for the appellee (defendant in the first case).

Brian M. Stone, New Haven, for the appellee (defendant in the second case).

LAVERY, C.J., and DRANGINIS and BERDON, Js.

LAVERY, C.J.

These appeals involve the interplay between several statutes with differing and, to some degree, divergent goals. The primary question presented is whether the citizen intervention provision of Connecticut's Environmental Protection Act of 1971(EPA), General Statutes §§ 22a-14 to 22a-20, may be invoked by a town's legislative body in the context of judicial review of the denial of applications to secure approval to construct low and moderate...

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