Gil v. Inland Wetlands & Watercourses Agency

This is an appeal from the trial court’s finding that the denial by the defendant inland wetlands and watercourses agency of Greenwich1 of the plain*381tiff’s application for a permit to construct a residence with a driveway and septic system in a wetlands constituted a taking of the plaintiff’s property. The defendant claims that the trial court (1) should have given preclusive effect to earlier court rulings regarding the taking issue, (2) should not have relieved the plaintiff of the burden of showing the unavailability of alternate uses of the property, (3) in applying the balancing test in…