AC43865 - Nussbaum v. Dept. of Energy & Environmental Protection (Administrative appeal; whether trial court properly dismissed appeal from decision of Commissioner of Energy and Environmental Protection affirming decision of Department of Energy and Environmental Protection denying application for permit to maintain fences on certain real property adjacent to Long Island Sound and ordering removal of fences; "The plaintiffs, Bernard W. Nussbaum (Nussbaum) and the Bernard W. Nussbaum Revocable Trust (trust), appeal from the judgment of the trial court dismissing their administrative appeal from the final decision of the Commissioner of Energy and Environmental Protection (commissioner), denying Nussbaum’s application for a permit for two post and wire fences previously erected on certain shoreline property and ordering that the fences be removed. On appeal, the plaintiffs claim that the court erred in concluding (1) that the commissioner’s final decision was not arbitrary, illegal, or an abuse of discretion, and (2) that the defendant, the Department of Energy and Environmental Protection (department), (a) properly considered that, under Connecticut law, changes to land, either natural or man-made, which amount to reclamation or erosion, may, under certain circumstances, alter the mean high waterline bordering private shoreline property, (b) correctly determined the location of the mean high waterline bordering the plaintiffs’ property, and (c) properly balanced the plaintiffs’ private rights with the public’s interest in land held in trust under the statutes concerning structures, dredging, and fill; General Statutes §§ 22a-359 through 22a-363; and the Coastal Management Act, General Statutes § 22a-90 et seq. We affirm the judgment of the trial court.")