Politics & Government

You'll Be Hearing From Their Attorney

Three land owners will be receiving letters from the WPCC attorney regarding possible judicial intervention over gaining access to their land.

 

There are three property owners in the town of Clinton who will soon receive a letter from the Water Pollution Control Commission (WPCC's) attorney.

The letter is to inform them that if they do not respond to the WPCC's repeated inquiries for access to their land, they will next hear from a judge. The WPCC retains the services of Matthew Ranelli of Shipman & Goodwin in Hartford.

Find out what's happening in Clintonwith free, real-time updates from Patch.

Lynn Pinder, vice chairman of the WPCC, recently spoke to the Board of Selectmen. She is the acting chair following the resignation of chairman Michael MacDonald.

She explained that as part of Amendment 7 of the WPCC's agreement with engineering firm Camp Dresser & McKee, they have been surveying properties in town that may be suitable for future wastewater discharge. The properties could be town-owned or privately-owned.

Find out what's happening in Clintonwith free, real-time updates from Patch.

Of 300 properties of 5 acres or more, the list was culled to 25 properties. Of those, about 75 percent of land owners granted access to the WPCC for either a walk-through or testing, or both, said Pinder.

Of the 25, only about three were found to be potentially suitable for the town's needs.

There are four remaining properties owned by three parties that the WPCC has not yet had the opportunity to view. The owners have been contacted by the WPCC and either have said "no" or not responded at all to their requests, said Pinder.

According to the minutes of the WPCC's April 10 meeting, the four remaining property owners "are nonresponsive and nonconsenting."

Also according to those minutes, attorney Ranelli thinks it is best to have the Board of Selectmen vote on using injunctive relief for the nonresponsive and nonconsenting property owners to obtain access to these parcels. The minutes say that Ranelli reviewed a 2004 lawsuit on this issue and in his opinion, noted that it would be best to not go down the same path as before.

Once court proceedings are completed, a site walk can be scheduled, said Pinder. The process should take five days, also according to the minutes.

Pinder noted that the three property owners have retained their own attorneys.

"We are asking the Board of Selectmen's help so we can take the measures necessary to gain access to the properties," said Pinder.

State statutes say the WPCC can ask for a judge to intervene without the approval of the Board of Selectmen, but Pinder said the WPCC wanted to come to the selectmen.

"Our goal is to obtain access," she said.

Access can mean just a walk-through of the land, further investigation, and/or testing of the property or properties.


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