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Celentano v. Rocque

ELR Citation: 37 ELR 20127
Nos. No. SC 17703, (Conn., 06/12/2007)

The court upheld a lower court decision dismissing a developer's appeal of a state administrative order directing him to remedy deficiencies in a dam and an associated detention basin in Naugatuck. The agency commissioner properly acted within his statutory authority in issuing the order. Prior to issuing the order, he inspected the dam and found it to be in an unsafe condition. In addition, the commissioner properly declined to impose liability against certain easement holders of the property. There is insufficient evidence to conclude that they had accepted the easement granted to them by the developer. Even if they had accepted the easement, that fact would serve only to subject them to liability, not necessarily to relieve the developer from liability. Last, the commissioner properly assigned liability to the developer in his individual capacity. Any burden the corporate officer doctrine imposes upon real estate developers is sufficiently outweighed by the benefit of safe dams that it confers upon the public.