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August 2, 2016 - Appellate Practice Group Prevails Before Connecticut Appellate Court on Behalf of Construction Company Denied The Right To Conduct a Permitted Use

For questions or more information, please contact Andrea Race.

Hartford, CT (August 2, 2016)…The Appellate Practice Group of Murtha Cullina LLP recently won a favorable decision by the Connecticut Appellate Court for a construction client who was denied a special permit by the Town of Waterford to build an aggregate manufacturing plant. 

In Kobyluck Brothers, LLC v. Planning and Zoning Commission of the Town of Waterford, attorneys Kari L. Olson and Michael A. Zizka argued against a 2014 Superior Court decision that upheld the Waterford Planning and Zoning Commission’s determination that the proposed plant was not a permitted use under the Town’s zoning regulations. 

On July 25, 2016, the Appellate Court Judges unanimously reversed that Superior Court decision.  The Court concluded that the client’s proposed use of the property to crush excavated bedrock and transform it into construction aggregate for use in the construction industry, would, contrary to the trial court’s determination, constitute permitted “manufacturing.”

Ms. Olson and Mr. Zizka are members of the Murtha Cullina Litigation Department and the Appellate Practice Group.

The Appellate Practice Group carefully studies procedural, philosophical, and policy developments in appellate court decisions to help shape innovative and effective appellate arguments. Our appellate lawyers have litigated numerous appeals in Connecticut, Massachusetts, New York, the First Circuit, the Second Circuit, and the U. S. Supreme Court. For more information about the Appellate Practice Group, visit or contact Proloy K. Das at 860-240-6076 or

About Murtha Cullina LLP

With more than 100 attorneys in six offices throughout Connecticut, Massachusetts and New York, Murtha Cullina LLP offers a full range of legal services to meet the local, regional and national needs of our clients. Our practice encompasses litigation, regulatory and transactional representation of businesses, governmental units, non-profit organizations and individuals. Core practice areas include litigation, insurance recovery, labor and employment, bankruptcy and creditors’ rights, construction, energy, health care, trusts and estates, affordable housing, real estate, land use and retail and hospitality. 

Murtha Cullina is the exclusive member firm in Connecticut for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide; and the exclusive Connecticut member firm of State Law Resources, an international network of independent law firms. For more information, visit

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