ELR Citation: ELR 20039
No(s). 13920 (Conn. Jun 26, 1990)

The court holds that a state siting council did not violate state statutory and constitutional procedural requirements by granting a certificate of environmental compatibility and public need for the construction of a plant for the generation of electricity and other marketable byproducts from waste tires. The court first holds that although the proposed site of the plant is about two miles from the Rhode Island border, the builder and the council were not required to publish notice of the siting hearings in Rhode Island. The express language of the applicable Connecticut statute does not require notice by the builder, and this provision prevails over the more general statutory provision governing notice by the siting council. The court next holds that the notice furnished by the council was constitutionally adequate. The notice plaintiffs received with regard to the siting enabled them to appear at, and participate in, the hearings. The court holds that the council's denial of plaintiffs' requests for continuances and its limitation of plaintiffs' presentation of new information were constitutional. The council granted the plaintiffs additional opportunities to voice their concerns, and plaintiffs were not prevented from asking any questions or making any submissions. Finally, the court holds that the alleged denial by the council of plaintiffs' right to cross-examine the authors of an exhibit relating to the plant's environmental impact on Rhode Island watersheds did not violate statutory procedural requirements. Even if plaintiffs' right to cross-examine was marginally impaired, they have not shown or proved that the exhibit was the only evidence to support the council's decision on this issue.

Counsel for Appellants
Kathleen Eldergill
Beck & Eldergill
447 Centre St., Manchester CT 06040
(203) 646-5606

Counsel for Appellee
Phyllis E. Lemell, Ass't Attorney General
Capitol Annex, Trinity St., Hartford CT 06115
(203) 566-2026

Alan M. Kosloff
Tarlow, Levy & Droney
P.O. Box 887, Farmington CT 06034-0087
(203) 676-3135

Before PETERS, C.J. and SHEA, GLASS, COVELLO, and HULL, JJ.