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Manor Dev. Corp. v. Conservation Comm'n of Simsbury

Citation: 12 ELR 20063
No. No. 9636, 433 A.2d 999/180 Conn. 692, (Conn., 05/20/1980)

The Supreme Court of Connecticut holds that a decrease in the amount of land which appellant has been permitted to develop does not constitute an unconstitutional taking of appellant's land. Appellee denied appellant's application for a permit to conduct a regulated activity on a tract of land which included seven lots totally in wetlands. However, appellee approved appellant's second permit application to develop the same tract, excluding the seven lots in wetlands. Initially, the court rules that the issue of whether the first denial deprived appellant of its property without just compensation is moot since a decrease in the amount of land which appellant was later permitted to use does not constitute an unconstitutional taking. In addition, the court rules that appellee's denial of the initial permit was neither arbitrary nor an abuse of its discretion. Appellee's conclusions that overdevelopment in wetlands created problems and that seven lots were totally in wetlands are a sufficient basis for denial of the permit application.

Counsel for Appellant
Monica J. Lafferty, David R. Beizer
Rome, Case, Donnelly, Kennelly & Klebanoff
2 Wintonbury Mall, Bloomfield CT 06002
(203) 242-7745

Counsel for Appellee
Marshall K. Berger Jr., William Pease
Pease, Main & Berger
Mall Way, P.O. Box 544, Simsbury CT 06070
(203) 658-4483

Before COTTER, C.J., and LOISELLE, BOGDANSKI, PETERS and NORRIS L. O'NEILL, JJ.

In the opinion the other judges concurred.