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RED 11, LLC v. CONSERVATION COM'N

No. 29092.

980 A.2d 917 (2009)

117 Conn.App. 630

RED 11, LLC v. CONSERVATION COMMISSION OF the TOWN OF FAIRFIELD et al.

Appellate Court of Connecticut.

Decided October 20, 2009.

Attorney(s) appearing for the Case

J. Christopher Rooney, with whom was Anne D. Peterson, New Haven, for the appellant (plaintiff).

Noel R. Newman, with whom, on the brief, was Annmarie P. Briones, Fairfield, for the appellees (named defendant et al.).

Patricia A. Horgan, assistant attorney general, for the appellee (commissioner of environmental protection, defendant in the first and second appeals).

Thomas J. Donlon, with whom was Edward V. O'Hanlan, Stamford, for the appellee (Wilmington Trust Company, defendant in the first and second appeals, intervenor in the third appeal).

DiPENTIMA, GRUENDEL and LAVERY, Js.

DiPENTIMA, J.

In this case, we address the limitations of the statutory farming exemption to town inland wetlands regulations. The plaintiff, Red 11, LLC, doing business as Twin Oak Farms, appeals from the judgments of the trial court dismissing the administrative appeals from the decisions of the named defendant, the conservation commission of the town of Fairfield (commission),1 to uphold three cease and desist orders. On appeal, the...

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