The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Appellate Court Opinion

by Booth, George


AC44547, AC44551 - Cohen v. Dept. of Energy & Environmental Protection ("In these related appeals, the plaintiff, Susan Cohen, in Docket No. AC 44547, and the intervening plaintiffs, the Harbor Management Commission of the Town of Greenwich (commission) and the town of Greenwich (town), in Docket No. AC 44551, appeal from the judgment of the Superior Court dismissing the plaintiff's administrative appeal from the final decision of the Deputy Commissioner of Energy and Environmental Protection (deputy commissioner) granting the application of the defendants Mark Marache and Marti Marache to construct a residential dock and pier. On appeal, both the plaintiff and the intervening plaintiffs claim that the court improperly concluded that General Statutes ยง 22a-113n did not authorize the commission to make recommendations that are binding on the named defendant, the Department of Energy and Environmental Protection (department), regarding applications for dock permits within the commission's jurisdiction. The plaintiff also claims that the court incorrectly determined (1) that the department applied the correct burdens of proof during the parties' administrative hearing, and (2) that there was substantial evidence in the record to support the department's determination that there were no feasible and prudent alternatives that would reduce the proposed dock's environmental impact. We affirm the judgment of the Superior Court.")