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Successfully Defended Neighbors' Lawsuits Over a New Ash Landfill

Wheelabrator Technologies, Inc.

Represented a waste-to-energy company in obtaining local zoning and state DEP approvals and in defending neighbors' lawsuits over a new ash landfill in northeastern Connecticut. Successfully moved to dismiss the opponents' lawsuit in the Superior Court under the state's validating act. When the state Appellate Court held that a notice defect could not be validated, the Supreme Court was persuaded to remand for a determination of whether the plaintiffs were aggrieved. After holding an evidentiary hearing, the trial court found that the plaintiffs were not aggrieved. The Supreme Court agreed and dismissed the appeal. Taft v. Wheelabrator Putnam, Inc., 1998 WL 38194 (Jan. 22, 1998); 2000 WL 1337581 (Aug. 29, 2000); 255 Conn. 916 (2000).

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