Pullman & Comley environmental attorney Christopher P. McCormack commented on a case involving the installation of artificial turf at West Beach Park in Stamford. Opponents of the installation claimed that the turf posed environmental threats to Long Island Sound and violated state law by representing a “taking” of land by the government. Judge Trial Referee Kevin Tierney rejected their appeal from the local zoning authority's decision to permit the installation.
According to Chris, "there was little surprising in Tierney’s ruling since an administrative law appeal only requires the court to find substantial evidence supporting the agency’s decision."
“On the record Judge Tierney had before him and on the procedural posture of the case, he had a very limited task and that was whether there was any evidence before the zoning authorities to support their decision. That’s a highly deferential standard of review,” Chris said.
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