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A. GALLO AND CO. v. McCARTHY

No. CV-09-4043592-S.

2 A.3d 56 (2010)

51 Conn.Sup. 425

A. GALLO AND COMPANY et al. v. Gina McCARTHY, Commissioner of Environmental Protection, et al.

Superior Court of Connecticut, Judicial District of Hartford.

April 23, 2010.

Attorney(s) appearing for the Case

James K. Robertson, Jr., Waterbury, and David S. Hardy, New Haven, for the plaintiffs.

Richard Blumenthal, attorney general, and Robert W. Clark, assistant attorney general, for the defendants.

Garrett S. Flynn, Patricia A. Millett, pro hac vice, and Kevin R. Amer, pro hac vice, for the American Beverage Association as amicus curiae.

DOMNARSKI, J.

In this action, the plaintiffs seek declaratory relief and money damages. The plaintiffs claim that certain provisions of Public Acts 2009, No. 09-1 (P.A. 09-1), effected a retroactive taking of their property in violation of the fifth and fourteenth amendments to the United States constitution and article first, § 11, of the constitution of Connecticut. The property at issue is unclaimed beverage container deposits. The plaintiffs have moved for...

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