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A. GALLO AND CO. v. COM'R OF ENVIRONMENTAL

No. 18764.

73 A.3d 693 (2013)

309 Conn. 810

A. GALLO AND COMPANY et al. v. COMMISSIONER OF ENVIRONMENTAL PROTECTION et al.

Supreme Court of Connecticut.

Decided August 20, 2013.

Attorney(s) appearing for the Case

Michael K. Skold , assistant attorney general, with whom were Robert W. Clark , special counsel, and, on the brief, George Jepsen , attorney general, for the appellants (defendants).

James K. Robertson, Jr. , Waterbury, with whom, on the brief, were David S. Hardy and Sherwin M. Yoder , New Haven, for the appellees (named plaintiff et al.).

Patricia A. Millett , pro hac vice, with whom was Garrett S. Flynn , Farmington, for the appellees (plaintiff Adirondack Beverages Corporation et al.).

R. Bradley Morris filed a brief for the New England Legal Foundation as amicus curiae.

ROGERS, C.J., and PALMER, ZARELLA, EVELEIGH and VERTEFEUILLE, Js.

ZARELLA, J.

The original plaintiffs,1 twelve beer and soft drink distributors doing business in Connecticut, brought this action against the named defendant, the Commissioner of Environmental Protection (commissioner),2 seeking a declaratory judgment and damages for the alleged, retroactive taking of their property under certain provisions of Public Acts 2009, No. 09...

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