The Office of Attorney General William Tong
Formal Opinions
Page 14 of 41
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You have requested our opinion on whether the owner of an unimproved parcel of land abutting a state highway must obtain a certificate of operation from the State Traffic Commission ("STC") under Conn. Gen. Stat. § 14-311 in order to operate a so-called "flea market" on the land.
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You have asked this office to determine whether the Office of Policy and Management (OPM) must reimburse the Town of Brookfield for exemptions granted to Fairfield Resources, Inc. (FRI), given that the Department of Environmental Protection (DEP) has determined that FRI is operating illegally, and given that FRI operated in violation of a cease and desist order from October, 1993 until January, 1994.
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You have requested our advice on whether first selectpersons who exercise criminal law enforcement powers must successfully complete the training requirements established by the Municipal Police Training Council ("MPTC") pursuant to Conn. Gen. Stat. § 7-294d.
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This is in response to a request for advice from fromer President Pro Tempore John B. Larson in which he asked if owners of commercial or residential rental properties are required to permit telecommunications providers access to their buildings prior to adoption of implementing regulations by the Department of Public Utility Control.
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This letter is written in response to your request, on behalf of the Connecticut Agricultural Experiment Station1 ("the Station"), for an opinion concerning several legal questions arising out of a recent report by the Auditors of Public Accounts. The report questioned the propriety of how the Board of the Station ("the Board") had managed four private charitable trusts.
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You have asked this Office for an opinion regarding the right of the Mashantucket Pequot Tribe ("Tribe") to establish its own workers' compensation code and Commission. You state that the Tribe has enacted the Mashantucket Pequot Tribal Workers' Compensation Code ("Tribal Code"), effective July 1, 1997, which provides that any accident or personal injury arising out of and in the course of employment with the Tribe, which has a date of injury after the effective date, will be governed solely by the Tribal Code.
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You have asked for our opinion on whether towns can spray for mosquitoes in areas in which the Department of Environmental Protection (DEP) does not intend to spray and whether towns can prevent the state from conducting its own spraying program within town boundaries.
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You have requested our opinion of whether renewal of the certificate of authorization of a private occupational school on the basis of the school's institutional accreditation by an accrediting agency recognized by the United States Department of Education (USDOE) pursuant to Conn. Gen. Stat. §10a-22b(a), in lieu of the Connecticut Department of Higher Education's (DHE's) evaluation, effectively relieves that school of compliance with the requirements of Conn. State Ag. Regs. §10a-22k-5(f) regarding the contents and maintenance of a private occupational school's student attendance records so that the school is subject only to the student attendance record-keeping requirements, if any, of the particular USDOE recognized accrediting agency.
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This letter is in response to your request for a formal legal opinion regarding the authority of the Chief Court Administrator, the Honorable Joseph Pellegrino, to eliminate the Connecticut Superior Court’s Geographical Area 16 ("G.A. 16") by closing the G.A. 16 courthouse in West Hartford and expanding the boundaries of G.A. 14 to incorporate all of the towns that are currently in G.A. 16.
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You have requested our opinion on whether or not the provisions of Chapter 250a of the Connecticut General Statutes would prohibit a proposed business joint venture involving the Pilot Corporation ("Pilot") and Marathon Ashland Petroleum ("MAP") from operating a retail service station at the Pilot travel center in Milford, Connecticut.
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You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
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This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act.
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This is in response to your request for an expedited opinion on whether the Connecticut Lottery Corporation (CLC) may legally sell lottery tickets at a booth within the Connecticut building at this year's Eastern States Exposition in West Springfield, Massachusetts, from September 13-29, 2002.
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This is in response to your request for an opinion on whether a greyhound racing association licensee can block the simulcasting of similar racing events during days and times when it is not conducting its own racing events pursuant to Conn. Gen. Stat. §12-571a(c)(1).
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The property in question, comprised of 14.49 acres together with the improvements thereon, including the Theatre building and a two story house that had long been utilized as office space