Baywing, LLC v. Water Pollution Control Authority

── Baywing, LLC v. Water Pollution Control Authority ── Court: Connecticut Appellate Court Date: May 26, 2026 Author: Cradle Category: General ************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying an opinion that appear in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************  Baywing, LLC v. Water Pollution Control Authority BAYWING, LLC v. WATER POLLUTION CONTROL AUTHORITY OF THE TOWN OF WILTON (AC 48201) Cradle, C. J., and Westbrook and Norcott, Js. Syllabus The defendant appealed from the trial court’s judgment sustaining the plaintiff’s appeal from the defendant’s decision denying the plaintiff’s application to connect to the town of Wilton’s sewer system, to construct an extension of the sewer system to the plaintiff’s property, and to allocate sewer use capacity for the property. The defendant claimed, inter alia, that the court improperly determined that the defendant abused its discretion in denying the plaintiff’s application. Held: The trial court’s decision to sustain the plaintiff’s appeal was not arbitrary or an abuse of its discretion, as the defendant’s stated reasons for its denial of the plaintiff’s application were not based on reliable evidence or supported by substantial evidence in the record, and the plaintiff was not afforded the opportunity to respond to the concerns of the defendant. Argued October 20, 2025—officially released May 26, 2026 Procedural History Appeal from the decision of the defendant denying the plaintiff’s application to, inter alia, connect to the town of Wilton sewer system, brought to the Superior Court in the judicial district of Stamford-Norwalk and transferred to the judicial district of Hartford, Land Use Litigation Docket, where the case was tried to the court, O’Hanlan, J.; judgment sustaining the plaintiff’s appeal, from which the defendant, on the granting of certification, appealed to this court. Affirmed. Peter V. Gelderman, for the appellant (defendant). Timothy S. Hollister, with whom was Andrea L. Gomes, for the appellee (plaintiff). Opinion NORCOTT, J. The defendant, the Wilton Water Pol- lution Control Authority,1 appeals from the judgment 1 The defendant is the agency authorized under General Statutes § 7-245 et seq. to oversee and administer the public sewer system in the town of  Baywing, LLC v. Water Pollution Control Authority of the trial court sustaining the appeal of the plaintiff, Baywing, LLC, from the defendant’s decision to deny the plaintiff’s application to connect to the town of Wil- ton (town) sewer system, to construct an extension of the sewer system to the subject property located at 19 Cannon Road, and to allocate sewer use capacity for the subject pro