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Toll Brothers, Inc. v. Inland Wetlands Comm'n of Bethel

ELR Citation: 37 ELR 20128
Nos. No. AC 27652, (Conn., 06/05/2007)

The court held that a lower court improperly ordered the state wetlands commission to issue an inland wetlands permit to a developer. Although the record lacks substantial evidence to support the commission's denial of the developer's application, approving the application is not, as a matter of law, the only conclusion that the commission reasonably could reach. The lower court should have remanded the case to the commission for further proceedings on the developer's application.