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Land Use


Real Estate and Land Use Permitting and Litigation
Our experience in land use encompasses eminent domain, inverse condemnation, exactions and other constitutional property rights claims, affordable housing, fair housing, drafting and enforcement of regulations, historic preservation, mineral rights and earth materials, specific performance, landlord and tenant, common interest ownership communities, quiet title, tax appeals, and foreclosures. We represent clients before state and local agencies in administrative proceedings, and in civil actions in the state and federal trial and appellate courts, involving permitting, injunctions, compensation and damages, and enforcement. We represent businesses, associations, individuals, non-profits and government agencies in these matters.


Water
Our attorneys represent water companies in the acquisition of Certificates of Public Convenience and Necessity ("CPCN"), financing matters, mergers and acquisitions, receivership, and rate proceedings. We work with regulators and technical experts and counsel clients facing technical problems that trigger a legal response in administrative proceedings or in court. Our attorneys broker land swap deals with large regional water supply companies; obtain necessary permits and certificates from regulatory agencies including the Department of Public Utility Control, the Department of Environmental Protection and the Department of Public Health; work with engineering and water supply management companies to resolve technical issues; and identify instances where continued private operation is economically undesirable or infeasible, and in those instances, assist with the voluntary acquisition process and draft legislation to allow municipal involvement with groundwater contamination issues. 

Experience

Environmental Litigation
Obtained Reimbursements on Claims for Environmental Cost Recovery
Defense of Federal Suit for Alleged Residual Petroleum from USTs
Defense of Claims of Environmental Contamination Related to Sale of Real Property
Pursuing Claims for Reimbursement from Underground Storage Tank Fund
Defended Federal Lawsuit Involving Third-Party Claims Under CERCLA
Resolved Cost Recovery Claim for Environmental Remediation
Defense of CERCLA Actions Over PCBs from Transformers in North Carolina
Successful Suit for Property Remediation Under CT Environmental Protection Act
Successfully Defended Neighbors' Lawsuits Over a New Ash Landfill
Successfully Defended Noise Nuisance Allegations against Waste-to-Energy Facility
Defended CERCLA Action Regarding Former Ball Bearing Factory
Defended Lawsuit for Costs of Remediating MTBE Plume in Area Groundwater
Defense of Allegations of Underground Contamination - Case Withdrawn
Won Temporary Injunction Against Illegal Solid Waste Landfill
Defended CERCLA Action by a Competitor at a Superfund Site
Defended Environmental Consulting Firm against Professional Malpractice Allegations
Defeated Negligence Claim against Environmental Consulting Firm over Lead Paint in Auctioned Property
Defended Environmental Legal Malpractice Action
Defended Architectural Firm against Professional Malpractice Allegations
Land Use Approvals and Litigation
Zoning Approval for New STEM Building for University of New Haven
Site Plan and Wetlands Approvals for 124-unit Elderly Housing Development in New Haven
Zone Change Approval for 160 Cromwell Apartments
Approvals for 45-lot Open Space Subdivision in South Windsor
Land Use Approvals for University of New Haven
Land Use Approvals for Dairy Processing Plant
Successfully Defended Contested Wetlands and Zoning Approvals for Independent School Athletic Fields
Successful Appeal of ZBA Decision Granting A Variance Based on Practical Confiscation
Defended Beach Association Against Claims of Adverse Possession of Waterfront Property
Prevailed in Zoning Appeal for Private School
Favorable Settlement of RLUIPA/Zoning Appeal
Favorable Settlement of RLUIPA/Zoning Appeal
Defense of Inland Wetlands Appeal
Defense of Demolition Code Appeal and Negligence Lawsuits Related to Urban Fire
Successful Defense of Zoning Appeal for Private School
Prevailed in Zoning Appeal for 214 Townhouses Under Section 8-30g
Obtained and Successfully Defended Zoning Approvals for New Public School
Won Injunction Preventing Revocation of a Zoning Permit
Won Temporary Injunction Prohibiting Truck Ban Ordinance for Egg Distributor
Defeated Conflict of Interest Claim Brought Against Inland Wetlands Commissioner
Successful Wetlands and Zoning Appeals for Apartment Development Under Section 8-30g
Applications Before Municipal Commissions
Successfully Defended Civil Rights Suit Over City's Use of Eminent Domain
Won Zoning Approvals for New Bulky Waste Landfill and Transfer Station
Wetlands and Zoning Appeals Resulting in Approvals to Build Apartments
Obtained Land Use Approvals for Several Gas Station/Convenience Stores
Gained Dismissal of Zoning Appeal for Lack of Aggrievement
170 Home Luxury Communities
Approvals for 78 Townhouse Community
Appealed Zoning Denial 50 Apartment Multi-Family Development
Appealed Wetlands Denial for 20 Lot Subdivision
Bio-Tech and Life Science Zone Change
Water Pollution Control Authority Assessment Appeal
Obtained State Environmental Approvals for National Home Builder
Managed Complex Process for New Downtown and Cancer Center Zoning Regulations in New Haven, Connecticut
Successful Affordable Housing and Inland Wetlands Appeals for 129 Townhouses
Mergers, Acquisitions & Joint Ventures
Acquisition of Biodiesel Production Plant
Real Estate Litigation
Favorable Adverse Possession Settlement
Prevailed in Injunction Action to Prevent Eminent Domain
Successful Injunction Action to Enforce Restrictive Covenant
Successful Adverse Possession Lawsuit
Defense of Violations of Fair Housing Act and 42 U.S.C. § 1983
Other
Acquisition and Land Use Approvals for Federally Qualified Health Center
Manufacturing Client Secures the Largest C-Pace Financed Solar Project
Obtained Defense Verdict in Jury Trial Involving Business and Property Damage Claims of $400,000
Environmental Remediation of Contaminated River and Property
Post-Kelo Reforms Tested in Eminent Domain Case
Green Building
Medical Office Zoning
Sewer Easement Dispute
Creating a Wastewater Management District
Purchase and Redevelopment of Approximately 400 Acres of Property in the Town of Preston, Connecticut
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Telecommunications Counsel
Energy Counsel
Energy Counsel
Defended Automobile Manufacturer From CERCLA, RCRA Claims
Takings and Eminent Domain
City of Hartford
American School for the Deaf
Drainage Easement Dispute
Telecommunications Overbilling Refunds
Wetlands Regulation
Workforce and Affordable Housing Development
Exclusionary Zoning
E-Rate Funding
Municipal Energy Counsel
Multi-Party, Residential Oil Spill Litigation
Application for a CPCN for a Water System
Negotiated a Complex Contract for Electricity Supply Services Resulting in $32,000,000 in Savings
Permitting and Siting of Biodiesel Production Facility
Trial Involving Connecticut Environmental Protection Act
Environmentally Contaminated Property Remediation Dispute
Water Rights Injunction
Installation of Water System
Acquisition of Potable Water for Condominiums
Approval of Property Disposition and Development Agreement Between the Town of Preston and the Mohegan Tribal Gaming Authority
Settled Civil Complaint in One of the Largest Clean Water Act Cases in Nation
$120 Million Hartford Development "The Learning Corridor"
Tax Assesment Appeals and Denial of Zoning Application
Attained Approval for Apartment Development in Essex, CT
Connecticut Property Transfer Act Remediation
Inclusionary Zoning
Downtown New Haven Relocation of Gateway Community College
Alternative Energy Service for High School Construction and Operation
Shipman & Goodwin's Land Use Team Prevails in Minnesota Case
Public Sector/Schools
Classification of Telco Hybrid-Fiber Coaxial (HFC) Network
$500 Million Adriaen's Landing Redevelopment Project
Telecommunications Regulatory Proceedings
Application for Certificate of Public Convenience and Necessity (CPCN)
Local Regulatory Counsel
Long Island Sound Shellfish Bed Leases
Coastal Zone Site Plans
Coastal Zone Enforcement Action
Open Space Preservation
Negotiation of a Complex Telecommunications Service Contract

Publications

October 19, 2017  The 2017 Amendments to the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g (Public Act 17-170)
August 9, 2016  Sellers of Certain Connecticut Real Estate Required to Attach Housing Disclosure Form To Purchase Agreements
July 11, 2016  Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention
February 22, 2016  Noise Nuisance: A New Twist on an Old Law
February 22, 2016  A Further Tightening in the Standards for Variances?
October 13, 2015  EPA Proposes Long-Awaited Rule Addressing Management of Hazardous Waste Pharmaceuticals by Healthcare Facilities
September 17, 2015  A Busy Summer for Environmental and Land Use Law
June 26, 2015  More Stringent "Significant Environmental Hazard" Reporting Requirements to Take Effect July 1, 2015
November 10, 2014  State Energy Strategy Includes Boost
November 4, 2014  The Connecticut Transfer Act and Connecticut Environmental Remediation Programs Update
Summer 2014  Expanding Clean Energy
February 26, 2014  Make Tenant That Controls Its Space Responsible for Mold Issues
July 9, 2013  U.S. Supreme Court Places Its Thumb On The Land Use Scale
June 18, 2013  Environment, Energy and Land Use Legislative Update
June 6, 2013  Environment, Energy and Land Use Legislative Update
June 5, 2013  Business and Legal Implications for Environmental Consulting Firms
May 30, 2013  Environment, Energy and Land Use Legislative Update
April 22, 2013  Environment, Energy and Land Use Legislative Update
April 8, 2013  Revised Flood Insurance Rate Maps To Affect Towns, Property Owners
March 5, 2013  Sandbagging & Environmental Issues in Corporate Transactions
February 25, 2013  Environment, Energy and Land Use Legislative Update
January 11, 2013  Environment, Energy and Land Use Legislative Update
October 18, 2012  Lending on Contaminated Properties: Using Environmental Insurance to Manage Environmental Risks & Get the Deal Closed
May 10, 2012  Environment, Energy and Land Use Legislative Update
April 27, 2012  Environment, Energy and Land Use Legislative Update
April 2012  U.S. Coast Guard Ballast Water Discharge Rule: New Requirements and Risks
April 9, 2012  Redeveloping Brownfields: The Need for Risk Transfer Strategies
April 2, 2012  Shoreline Preservation Panel Battles The Elements
March 16, 2012  Environment, Energy and Land Use Legislative Update
February 8, 2012  Green Building: Starting To Show Us The Money
February 8, 2012  Environment, Energy and Land Use Legislative Update

Events

October 16, 2019  Due Diligence at Dawn
February 20, 2019  Protecting Your Property Rights: How to Win the Games Governments Play
November 15, 2017  CLE Event: Identifying and Overcoming Stereotypes & Racial and Economic Prejudice in Housing
June 20, 2017  Environmental Risk & Litigation Conference: Update on Coverage Rulings and Risks
May 4, 2017  What LEPs Should Know About the Transfer Act
March 17, 2017  Finding Solid Ground: Environmental and Land Use Dispute Resolution in CT
November 15, 2016  Connecticut Conference of Municipalities Annual Convention
April 25, 2016  Farm Renewable Energy & Efficiency Seminar
April 21, 2016  The Evolution of Waste Sites: From Industrial Dreams to Wastelands to Valuable Brownfields
October 14-15, 2015  2015 Natural Resources Symposium
June 24, 2015  CAMA Annual Meeting
June 15, 2015  CBA Annual Meeting
June 16, 2014  CBA Annual Meeting
June 13, 2014  CCAPA Hot Topics in Land Use Case Law
June 5, 2013  Webinar: Business and Legal Implications for Environmental Consulting Firms: Lessons Learned from the Stratus/Chevron Ecuador Debacle
March 20, 2013  Environmental Insurance: Closing Coverage Gaps-Turning Swiss Cheese into Cheddar
June 22, 2012  Hot Topics in Land Use Law and Practice 2012 - 5.5 CM credits, including 1.5 CM of Planning Law and 1.5 CM of Ethics
April 22-24, 2012  Green Building: Starting to Show Us the Money
April 14-15, 2012  Legal Action Network for Development Strategies
February 8-11, 2012  Green Building: Starting To Show Us The Money
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