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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction
Connecticut (state)
Effective Date
2020-09-30

Other Sections in This Document (50)

Full Text

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that the Appellate Court improperly affirmed the judg-
         ment of the trial court denying the defendants equitable
         relief from forfeiture of their tenancy. We affirm the
         judgment of the Appellate Court.
                                              I
            The following facts1 and procedural history are rele-
         vant to this appeal. The plaintiff corporation owns com-
         mercial property located at 936-940 Post Road East in
         Westport. From 1970 until January 14, 2014, the prem-
         ises were used as an automotive repair and sales shop.
         Two underground storage tanks were located on the
         property: a 2000 gallon tank used to store gasoline and
         a 330 gallon tank used to store waste oil.
           On May 4, 2010, an inspector from the Department
         of Energy and Environmental Protection (DEEP)2 con-
         ducted a compliance inspection of the 2000 gallon tank.
         The inspector found that an automatic tank gauging
         system and probes needed to be installed and that ‘‘no
         annual cathodic protection test [is] being conducted
         on the tank and associated product line piping.’’ The
         inspector’s report identified nine ‘‘potential violations’’
         of state law on the basis of these findings. On July 15,
         2010, the DEEP inspector conducted a ‘‘[f]ollow-up’’
         compliance audit during which the inspector informed
         the plaintiffs that the cathodic protection of the tank
         needed to be tested annually. The inspector’s report
         indicated that one of the plaintiffs ‘‘stated [that] he will
         call [a] contractor and inform me who[m] he selected
         to [test the cathodic protection].’’ On March 3, 2011, a
         second DEEP inspector found that the violations had
            1
              The facts as recited are those stipulated to by the parties, those found
         by the court in its original decision or subsequent articulations, or those
         the court reasonably could have found.
            2
              At that time, the department was named the Department of Environmen-
         tal Protection. Effective July 1, 2011, the legislature established DEEP as
         the successor agency to the Department of Environmental Protection. See
         Public Acts 2011, No. 11-80, § 1. For ease of reference, we refer to the
         department as DEEP.
July 20, 2021                  CONNECTICUT LAW JOURNAL                                     Page 5