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SC16760 - River Bend Associates, Inc. v. Simsbury Water Pollution Control Authority
State: Connecticut
Court: Supreme Court
Docket No: 262cr5
Case Date: 11/26/2002
Plaintiff: SC16760 - River Bend Associates, Inc.
Defendant: Simsbury Water Pollution Control Authority
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. ******************************************************

RIVER BEND ASSOCIATES, INC., ET AL. v. SIMSBURY WATER POLLUTION CONTROL AUTHORITY ET AL. (SC 16760)
Norcott, Katz, Palmer, Vertefeuille and Zarella, Js. Argued September 12--officially released November 26, 2002

Timothy S. Hollister, with whom were Michael A. Zizka and, on the brief, Amy E. Souchuns, for the appellants (plaintiffs). Brian R. Smith, with whom were Karen A. L. Perry and, on the brief, Robert S. Melvin, for the appellees

(defendants).
Opinion

ZARELLA, J. The plaintiffs, River Bend Associates, Inc. (River Bend), and Griffin Land and Nurseries, Inc. (Griffin),1 appeal from the judgment of the trial court rendered in favor of the defendants, the Simsbury water pollution control authority (authority) and the town of Simsbury (Simsbury). The sole issue in this appeal is whether the trial court properly concluded that it lacked subject matter jurisdiction over the plaintiffs' action for a declaratory judgment and injunctive relief because the plaintiffs had failed to exhaust their administrative remedies pursuant to General Statutes
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