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CONSERVATION COM'N OF FAIRFIELD v. RED 11

No. 30212.

987 A.2d 398 (2010)

119 Conn.App. 377

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

Appellate Court of Connecticut.

Decided February 16, 2010.

Attorney(s) appearing for the Case

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

Noel R. Newman, Fairfield, for the appellee (named plaintiff).

Edward V. O'Hanlan, with whom, on the brief, was Thomas J. Donlon, Stamford, for the appellee (intervening plaintiff Wilmington Trust Company).

DiPENTIMA, GRUENDEL and LAVERY, Js.

DiPENTIMA, J.

In Red 11, LLC v. Conservation Commission, 117 Conn.App. 630, 980 A.2d 917, cert. denied, 294 Conn. 918, 984 A.2d 68 (2009), this court answered the question of whether a conservation commission properly had issued a cease and desist order prohibiting a property owner from conducting certain activities in wetlands. We concluded that the owner's activities did not fall within...

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