River Sound Development, LLC seeks further appeal

River Sound Development, LLC, has filed papers dated August 16th (within the appeal period) to have its appeal heard by the state Supreme Court. The Appellate Court decision was the subject of three blog entries in July. River Sound's proposal for a golf course and houses on approximately 1000 acres in Old Saybrook was denied by the Old Saybrook wetlands agency. River Sound is seeking permission (petition for certification) to have its appeal heard by the Connecticut Supreme Court, as there is no right to a direct appeal.

The Appellate Court in River Sound concluded that the Old Saybrook wetlands agency properly exercised jurisdiction over activities occurring outside the upland review area because a majority of the proposed activities are proposed with the review area. As River Sound rightly points out, previous Appellate Court precedent holds that a commission has no jurisdiction outside the wetland or watercourse resource unless the commission has adopted a regulation establishing an upland review area. Two Appellate Court decisions which are inconsistent with each other. River Sound calls it a "perfect opportunity" for the Supreme Court to resolve this important issue of jurisdiction.

Yes it is.