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SHANAHAN v. DEPARTMENT OF ENVTL. PROTECTION

No. 18575.

47 A.3d 364 (2012)

305 Conn. 681

Carl SHANAHAN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION et al.

Supreme Court of Connecticut.

Decided July 24, 2012.

Attorney(s) appearing for the Case

James A. Wade , Hartford, with whom was John P. Casey , New London, for the appellant (plaintiff).

Mary K. Lenehan , assistant attorney general, with whom were David Wrinn , assistant attorney general, and, on the brief, George Jepsen , attorney general, and Carmel Motherway , assistant attorney general, for the appellees (defendants).

NORCOTT, PALMER, ZARELLA, McLACHLAN, EVELEIGH and HARPER, Js.

HARPER, J.

This appeal raises several issues regarding the scope of the jurisdiction of the named defendant, the department of environmental protection (department),1 to regulate activity "in the tidal, coastal or navigable waters of the state waterward of the high tide line." General Statutes § 22a-359 (a);2 see General Statutes § 22a-361 (a)(1).3 The plaintiff, Carl...

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