Opinion
09-15-2020
SUMMIT SAUGATUCK, LLC v. WATER POLLUTION CONTROL AUTHORITY OF THE TOWN OF WESTPORT
Timothy S. Hollister, Hartford, in support of the petition. Peter V. Gelderman, Westport, in opposition.
Timothy S. Hollister, Hartford, in support of the petition.
Peter V. Gelderman, Westport, in opposition.
The plaintiff's petition for certification to appeal from the Appellate Court, 193 Conn. App. 823, 220 A.3d 183 (2020), is granted, limited to the following issues:
"1. Did the Appellate Court correctly determine that the trial court had improperly substituted its own judgment for the discretion of the defendant water pollution control authority by ordering the defendant to conditionally approve the plaintiff's application for a sewer extension to service the plaintiff's proposed affordable housing development subject to Westport's completion of ongoing improvements and upgrades of capacity to the sewer system?
"2. May the defendant water pollution control authority decline to approve a proposed sewer extension for the sole reason that the Planning and Zoning Commission of the Town of Westport issued a negative report on a referral under General Statutes § 8-24 and the applicant did not appeal to the Westport Representative Town Meeting and obtain a reversal?"
D'AURIA, J., did not participate in the consideration of or decision on this petition.