Connecticut

Date: September 20, 2013

Gallo Co. et. al. v. Commissioner of Department of Environmental Protection – Property Rights
(Originated in Connecticut)
U.S. Supreme Court

In this case beverage distributors challenged amendments to Connecticut’s Bottle Bill. In 1980 the State enacted the original Bottle Bill, which required distributors to pay consumers a refund of a few cents for each bottle that was returned. In the midst of a financial crisis in 2008, the State amended the Bottle Bill to require distributors to set aside money for these refunds in a separate interest bearing account. Then in 2009 the State amended the Bottle Bill again to require distributors to hand-over unpaid refunds to the Department of Environmental Protection on a quarterly basis. Before that it was settled law that the distributors had property rights in the unpaid refunds, but the Connecticut Supreme Court changed that in a ruling upholding the 2009 amendments, and redefining property rights in the State. Petitioners contend that the amendments constituted a taking, and that the State Supreme Court is complicit in the taking.

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 If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

 

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