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Bornemann v. Connecticut Siting Council
State: Connecticut
Court: Supreme Court
Docket No: SC17984
Case Date: 06/03/2012
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

CARL BORNEMANN ET AL. v. CONNECTICUT SITING COUNCIL ET AL. (SC 17984)
Vertefeuille, Zarella, Schaller, Sullivan and Doherty, Js. Argued April 16--officially released June 3, 2008

Gabriel North Seymour and Whitney North Seymour, Jr., pro hac vice, for the appellants (plaintiffs). Robert L. Marconi, assistant attorney general, with whom was Jennifer A. Herz, certified legal intern, for the appellee (named defendant). Wayne F. Dennison, pro hac vice, with whom, on the brief, was Elizabeth T. Arana, for the appellee (defendant Nextel Communications, Inc.).

Opinion

PER CURIAM. The defendant Nextel Communications, Inc. (Nextel), obtained from the named defendant, the Connecticut Siting Council (council), the approval necessary to construct a cellular tower on certain real property owned by the Carl and Barbara Bornemann Family Trust without a certificate of environmental compatibility and public need as required by General Statutes
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