Legal Opinion
Cannata v. Department of Environmental Protection
Supreme Court of Connecticut
Decided July 17, 1990No. 13877PublishedCited by 58 opinions
1Opinion of the CourtShea, J.
The dispositive issue in this appeal is whether a court or an administrative agency should decide in the first instance whether an agency has jurisdiction over a particular subject matter. The plaintiffs, Michael and Deborah Cannata, brought an appeal pursuant to General Statutes § 4-1831 of the Uniform Administrative Procedure Act (UAPA) to the Superior Court from a decision by the named defendant, the department of environmental protection (DEP), requiring them to file an application for a permit to cut trees on their property within the stream channel encroachment lines established…
2Cases cited25 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Cummings v. TrippSupreme Court of Connecticut · 1987
- Shawnee Coal Company v. Cecil D. Andrus, Secretary of the InteriorCourt of Appeals for the Sixth Circuit · 1981
- Pet v. Department of Health ServicesSupreme Court of Connecticut · 1988
- West v. BerglandCourt of Appeals for the Eighth Circuit · 1979
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3Cited by58 opinions
- Mendillo v. Board of EducationSupreme Court of Connecticut · 1998
- O & G Industries, Inc. v. Planning & Zoning CommissionSupreme Court of Connecticut · 1995
- MacDermid, Inc. v. Department of Environmental ProtectionSupreme Court of Connecticut · 2001
- Polymer Resources, Ltd. v. KeeneySupreme Court of Connecticut · 1993
- Payne v. Fairfield Hills HospitalSupreme Court of Connecticut · 1990
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