Sec. 22a-354q. Appeals.
Sec. 22a-354q. Appeals. (a) The Commissioner of Environmental Protection or
any person aggrieved by any regulation, order, decision or action made pursuant to
sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305* by the
commissioner or municipality, within fifteen days after publication of such regulation,
order, decision or action may appeal to the superior court for the judicial district where
the land affected is located, and if located in more than one judicial district, to said court
in any such judicial district, except if such appeal is from a contested case, as defined
in section 4-166, such appeal shall be in accordance with the provisions of section 4-183 and venue shall be in the judicial district where the land affected is located, and if
located in more than one judicial district to the court in any such judicial district. Such
appeal shall be made returnable to said court in the same manner as that prescribed for
civil actions brought to said court. Notice of such appeal shall be served upon the aquifer
protection agency and the commissioner. The commissioner may appear as a party to
any action brought by any other person within thirty days from the date such appeal is
returned to the court. The appeal shall state the reasons upon which it is predicated and
shall not stay proceedings on the regulation, order, decision or action, but the court
may, on application and after notice, grant a restraining order. Such appeal shall have
precedence in the order of trial.
(b) The court, upon the motion of the person who applied for such order, decision
or action, shall make such person a party defendant in the appeal. Such defendant may,
at any time after the return date of such appeal, make a motion to dismiss the appeal.
At the hearing on such motion to dismiss, each appellant shall have the burden of proving
his standing to bring the appeal. The court may, upon the record, grant or deny the
motion. The court's order on such motion shall be a final judgment for the purpose of
the appeal as to each such defendant. No appeal may be taken from any such order
except within seven days of the entry of such order.
(c) No appeal taken under subsection (a) of this section shall be withdrawn and no
settlement between the parties to any such appeal shall be effective unless and until a
hearing has been held before the Superior Court and such court has approved such
proposed withdrawal or settlement.
(P.A. 89-305, S. 10, 32.)
*Note: Section 14 of public act 89-305 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.