DocketNumber: No. CV98 0584445
Citation Numbers: 1998 Conn. Super. Ct. 14023
Judges: McWEENY, J.
Filed Date: 12/9/1998
Status: Non-Precedential
Modified Date: 7/5/2016
The order was affirmed after a contested hearing before a DEP CT Page 14024 hearing officer, and is incorporated in any agency final decision dated October 23, 1998. The final decision sets forth an expeditious time table requiring the plaintiff to take extensive steps to investigate and remediate environmental problems at the site.
The plaintiff has requested a stay and has been awarded a temporary stay of the DEP orders.
The plaintiff's appeal is pursuant to the Uniform Administrative Procedure Act (UAPA) §
The filing of an appeal shall not, of itself, stay enforcement of an agency decision. An application for a stay may be made to the agency, to the court or to both. Filing of an application with the agency shall not preclude action by the court. A stay, if granted, shall be on appropriate terms.
The standard for a stay has been established in GriffinHospital v. Commission on hospitals Health Care,
The court having reviewed the record finds substantial evidence that on the site, both soil and ground water are polluted. The plaintiff as the owner of polluted land is subject to remediation orders, General Statutes § 22-432. Also see §
The plaintiff seems unlikely to prevail on the merits.
The plaintiff's claim of selective prosecution imposes an extremely difficult burden on its proponent. Schabel v. Tyler,
The public interest in remediation of pollution also argues against a stay. CT Page 14025
The motion for stay is denied. The stay is vacated.
The plaintiff is ordered to file its brief by January 12, 1999, the defendant by February 11, 1999. The case will be heard on February 23, 1999 at 10:00 a.m. at 20 Franklin Square, Room 310, New Britain.
Robert F. McWeeny, J.