Keeney v. Town of Old Saybrook

In the original appeal in this case, we held that a municipality violates the Water Pollution Control Act; General Statutes § 22a-427;1 and the Environmental Protection Act; General Statutes § 22a-14 et seq.; if the municipality, although it has not affirmatively *787caused water pollution, has engaged in prolonged conduct that manifests its intentional failure to abate a public nuisance. Keeney v. Old Saybrook, 237 Conn. 135, 160-66, 676 A.2d 795 (1996). We remanded the case to the trial court for an articulation with respect to whether the evidence produced at trial by the plaintiff, Timothy R.…