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<br />Zoning Bulletin <br /> <br />Preemption-Town seeks removal of marina's deck, <br />arguing local zoning regulations apply to recreational <br />uses within a hydroelectric power project <br /> <br />Marina says local zoning permits are not required because they <br />are preempted by the Federal Power Act <br /> <br />Hackett v. I.L.G. Properties, LLC, 285 Conn. 498, 2008 WL <br />375228 (2008) <br />CONNECTICUT (02/19/08)-J.L.G. Properties, LLC (J.L.G.) <br />owned a commercial marina on the shore of a lake in the town. The <br />lake was an artificial pumped. storage reservoir. The lake was owned <br />and operated by Northeast Generation Company (Northeast). <br />Northeast used the lake to generate hydroelectric power pursuant to <br />a license issued to Northeast by the Federal Energy Regulatory Com- <br />mission (FERC). That license was issued under the Federal Power <br />Act (the Act). <br />J.L.G. applied for a zoning permit to construct a deck on the <br />lake. The town denied J.L.G.'s application because the project did <br />not comply with the town's zoning setback requirements. J.L.G. con- <br />structed the deck anyway. <br /> <br /> <br />- ~'-~Z,.~~.~~~i:'~;~:~~~~,:~~~~::.:;;:;~.~~:~=---=--=' ~~~-!':~,.;~~- ~':::;5f. :;;:~.-7:- ~~~,,-~':jf:;.f:~ :;:-::;; <br /> <br />THOMSON <br />* <br />\NEST <br /> <br />610 Opperman Drive' P.O. Box 64526' St. Paul, MN 55164-0526 <br />1-800-229-2084' email: west.customerservice@thomson.com.west.thomson.com/quinlan <br />155N 0514-7905' @ 2008 ThomsonMlest. All Rights Reserved. Quinlan™ is a ThomsonM/est brand. <br /> <br />2 <br /> <br />20 <br />