John Patrick Casey is a lawyer practicing compliance and permitting, administrative law, land use and 7 other areas of law. John received a B.A. degree from University of Connecticut, and has been licensed for 28 years. John practices at Robinson & Cole LLP in New London, CT.
Did an excellent job
Community Involvement
Connecticut Legal Services, Inc.
Secretary and Member, Board of Directors and Executive Committee
The Mystic & Noank Library
Co-President, Board of Trustees
Connecticut Cruise Ship Task Force
President, Board of Directors
New London Education Foundation
Board Member
Groton Mystic Lacrosse Association
President, Board of Directors
Coach
Groton Housing Authority Professional Associations Connecticut Bar Association Rhode Island Bar Association (2001 - present) Connecticut Marine Trades Association (2005 - present) Connecticut Harbor Management Association (2009 - present) Yale School of Forestry & Environmental Studies Project on Climate Change (2006 - present) Fellow: 2012 Community Involvement Connecticut Legal Services, Inc. The Mystic & Noank Library Connecticut Cruise Ship Task Force New London Education Foundation Lawyers for Children America Groton Mystic Lacrosse Association Professional Associations Connecticut Bar Association Rhode Island Bar Association (2001 - present) Connecticut Marine Trades Association (2005 - present) Connecticut Harbor Management Association (2009 - present) Yale School of Forestry & Environmental Studies Project on Climate Change (2006 - present) Fellow: 2012 Experience - Represented coastal property owner in application to build extension of existing dock into waters of harbor so that there was a greater depth at which to berth his boat at low tide. Approvals were required from the Connecticut Department of Energy and Environmental Protection (DEEP), as well as the Army Corps of Engineers, who had authority over the federal navigation project in the harbor. The approval from DEEP also required the recording of a shared dock agreement for the property and the neighboring property owned by the same owner. - Represented shorefront property owner in application for variance to rebuild house destroyed by Hurricane Irene. Provided expert testimony before zoning board of appeals on issues concerning impact of variance to town's participation in the National Flood Insurance Program. - Represented residential property owner in successful application to the Connecticut Department of Energy and Environmental Protection for new and maintenance dredging off his property along the Connecticut River. Also represented client in application for new dock at his property. Approval of the new dredging was required to gain access to dock in area of river that has silted in over the last decades. - Represented property owner in successful application for a use variance to reconstruct a historic mill on his residential property. The use variance was required to allow the use of the reconstructed mill to hold the client's musical instrument manufacturing business. - Represented owner of land along tidal creek bordered by deteriorating wooden bulkhead. Small tidal wetlands area with limited ecological value had developed behind the bulkhead in areas where the land had eroded due to stormwater runoff and tidal-influenced erosion. Client obtained permit from Connecticut Department of Energy and Environmental Protection to reconstruct bulkhead, fill tidal wetlands behind bulkhead, and plant a new wetland area, which would allow the property to be subdivided into two buildable lots. - Represented shorefront property owner in application to the Connecticut Department of Energy and Environmental Protection for a permit to rebuild house damaged by Hurricane Irene. Successfully argued that client's house had predated the passage of coastal management statutes in Connecticut and was thus eligible for the permit under the simpler certificate of permission program. - Represented developer of a subdivision that included a wind turbine as a prominent feature in an action against subdivision purchasers who reneged on promises to reconfigure subdivision open space to allow for development of the wind turbine. Successfully negotiated resolution to dispute. - Successfully litigated trespass and nuisance case on behalf of lakefront property owner against upland neighbor who illegally maintained mooring in client's littoral rights area, securing money damages and injunctive relief. - Represented private yacht club in application to the Connecticut Department of Energy and Environmental Protection to expand and redefine the boundaries of its mooring field. - Represented regional community hospital in application to develop a 40,000-square-foot cancer facility. Necessary approvals included site plan, inland wetland permit, and coordinated approvals from water pollution control authorities of adjacent towns. - Represented Rhode Island fire district in dispute with abutting property owner over access and development issues along dune. Successfully argued that abutting owner did not have rights across client's property. - Represented condominium developer in application to town to amend zoning regulations pertaining to gross floor area as applied in Special Flood Hazard Areas, as mapped by the Federal Emergency Management Agency (FEMA). The new regulation provided that areas under residential buildings elevated to comply with FEMA flood-proofing requirements were not counted toward gross floor area. - Represented client in controversial proposal to rebuild pedestrian bridge between two islands off the Connecticut shore and in applications to obtain official authorizations for preexisting docks on the two islands. Successfully argued that, although not a typical coastal activity, the rebuilding of the bridge, which was destroyed in the 1938 hurricane, was an authorized use under the applicable coastal management statutes and a valid exercise of the client's littoral rights. - Represented waterfront homeowner before Connecticut DEP and obtained permit to save house that had been damaged by storms and condemned. - After client was served with a notice of violation from the Connecticut DEP for maintaining what it considered an unauthorized marina, negotiated a resolution that allowed the client to operate again the property as a fully licensed marina, without penalties or fines. Also drafted cross easements to allow the marina to operate in the littoral area of an abutting waterfront residential property and to allow the residential property owner to use one of the marina's slips. - Successfully represented marina before Connecticut DEP to oppose proposed expansion of neighboring marina that would have impeded access to client's marina. - Assisted client with residential dock approval that was derailed by the presence of a mooring near his shoreline. Convinced the state commission responsible for management of the waterway to relocate the mooring and support the client's dock proposal. Also garnered support of the Army Corps of Engineers. - Represented developer of 127-unit active adult residential community on 10 acres of waterfront land in contested hearing before Connecticut DEP on the issuance of a permit to allow on-site community sewerage system using alternative wastewater treatment technology, ultimately securing the necessary permit in the end. - Represented cellular telephone tower company in real property partition action in Rhode Island. The client had a leasehold interest and right of first refusal on property that was the subject of litigation between family members to force the sale of multiple tracts of land owned by many family members. Preserved client's interests and avoided unnecessary entanglement in the litigation. - Defended marina owners and operator from Notice of Violation issued by Connecticut Department of Environmental Protection and successfully negotiated resolution that permitted all existing structures. - Successfully assisted waterfront homeowner in effort to have Connecticut DEP reverse its position and allow a longer dock at homeowner's property. - Negotiated directly with a neighbor who installed a fence that was partially on our client's property and the local zoning official to have the fence relocated and in compliance with zoning regulations. - Represented condominium association in its successful application for a special use permit to expand its development by adding new buildings and units. - Represented potential home purchasers in breach of contract action against homebuilder. Succeeded in obtaining speedy resolution to matter, which included a full refund of the clients' deposit. - Represented large grocery retailer in actions brought by an environmental intervenor appealing the issuance of inland wetlands and planning and zoning approvals that allowed the construction of a new store. Drafted briefs in both appeals. Appeals were eventually withdrawn by intervenor prior to trial. - Represented waterfront homeowner in negotiating and drafting a littoral boundary line agreement with a neighboring marina. - Representation of Mianus Marine, Inc., landlord/seller, in ground lease with preset purchase price after 10 years for valuable waterfront marina and boatyard in Greenwich, Connecticut. The lease included ground rent resets and step ups in price for earlier purchase after five years. This format was necessary to adjust corporate status of client (ground landlord) for tax treatment on capital gain. The value was in excess of $10 million. The scope is primarily local water-dependent land use approvals with State of Connecticut coastal management by the Department of Environmental Protection and federal channel management and tidal regulations by U.S. Army Corps of Engineers. - Successfully represented homeowners in application to obtain zoning variance on the grounds that addition to home was necessary to comply with adoption regulations and that inability to have children naturally was a disability under the Americans with Disabilities Act and the Fair Housing Act, thus requiring a reasonable accommodation in the town application of its zoning ordinance. Publications & Presentations Articles - "The View from the Shore - Regulation as Far as the Eye Can See" (5/18/2012), published in New England Real Estate Journal Legal Update/Newsletters - "Coastal Permitting in Rhode Island Following Hurricane Sandy" (11/13/2013), Robinson & Cole Legal Update - "Coastal Permitting in Connecticut Following Hurricane Sandy" (11/2/2012), Robinson & Cole Legal Update - "2012 Public Acts Affecting Coastal Properties in Connecticut" (6/1/2012), Robinson & Cole Legal Update - "Proposed Legislation Affecting Coastal Properties in Connecticut" (2/2012), Robinson & Cole Legal Update - "Coastal Permitting in Connecticut Following Hurricane Irene" (9/1/2011), Robinson & Cole Legal Update - "Reissuance of the Army Corps of Engineers' Programmatic General Permit for Connecticut" (8/18/2011), Robinson & Cole Legal Update - "Public Act 10-106: An Act Concerning Long Island Sound and Coastal Permitting" (6/25/2010), Robinson & Cole Legal Update Presentations - "Managing Our Coastal Resources Post-Irene and Sandy: New Laws, Regulations, and Guidelines" (6/21/2013) presented at Connecticut Chapter of the American Planning Association's annual "Hot Topics in Land Use Law and Practice" program - "Federal Flood Plain Regulation," co-presented with Ernest Abbott & Molly Lawrence (4/26/2013) at Lorman Education Services audio conference - "DEEP Jurisdiction - Recent Caselaw & the New Coastal Jurisdiction Line" (11/2/2012) presented at Connecticut Association of Land Surveyors Annual Meeting - "Liability, Insurance & The Jones Act" (10/9/2012) presented at Connecticut Marine Trades Association, Marine Trades Expo - "Coastal Permitting Considerations" (10/2/2012) presented at Connecticut Chapter of the American Institute of Architects, Professional Practice Committee - "Federal Flood Plain Regulation," co-presented with Ernest Abbott & Molly Lawrence (5/30/2012) at Lorman Education Services audio conference - "Hot Topics in Coastal Permitting" (10/11/11) presented at Connecticut Marine Trades Association Annual Marine Trades Exposition - "Coastal Development and Regulatory Realities" (2/18/2011) presented at American Planning Association webinar - "A Potpourri of Hot Topics: A Spicy Mix of Land Use Issues," co-presented with Timothy D. Bates (10/22/2010) at Connecticut Bar Association seminar on the latest topics in land use law - "Brokerage Contracts & Broker's Representations" (10/5/2010) presented at Connecticut Marine Trades Association Annual Marine Trades Exposition; Mr. Casey examined the recent Florida case in which a jury found a yacht brokerage and its employee liable to the purchaser of a used yacht for negligent misrepresentations about the condition of the vessel, despite the fact that the contract between the parties contained an "as is" provision. Mr. Casey reviewed the facts and history of the case leading up to the verdict. He also explained Connecticut law on this issue and provided strategies to the audience of boat brokers and salesmen to avoid ending up in the same situation as the broker in the Florida case. - "Annual Review of Land Use Case Law," co-presented with Michele Maresca (6/21/2010) at Planning and Zoning Section of the Connecticut Bar Association - "Jetties, Docks, Seawalls, Littoral Rights, Waterfront Homes, Spartina, and More" (7/14/2009) presented at Robinson & Cole's Coastal Considerations and Regulatory Reality Breakfast Seminar - "Land Sales: Docks, Seawalls, and Jetties: Pitfalls and How to Avoid Them," co-presented with Keith Neilson, P.E. (11/13/2008) at luncheon seminar to a group of real estate brokers in southeast Connecticut - "Wetlands Permitting Caselaw Update" (6/18/2008) presented at Planning and Zoning Section of the Connecticut Bar Association - "Coastal Land Use Issues in Connecticut," co-presented with John Anderson (7/10/2007) at Lorman Education Services Seminar - "Climate Change and Its Implications for Land Use Planning and Transportation" (6/7/2006) presented at University of Colorado School of Law, Natural Resources Law Center's 27th Annual Summer Conference: Climate Change and the Future of the American West - "Smart Business Seminar - Contract Law" (3/16/2006) presented at Connecticut Marine Trades Association's Smart Business Seminar on Contract Law - "Due Process in Land Use Proceedings," co-presented with Robert Sitkowski (1/26/2006) at Town of Stonington land use boards and commissions Military - United States Navy, Judge Advocate General's Corps, 1997-2000
Board Member Member:
Planning & Zoning Section (2000 - present)
Treasurer and Member, Board of Directors and Executive Committee
Vice President, Board of Trustees
President, Board of Directors
Board Member
Volunteer
Youth Lacrosse Coach (2010 - 2012) Member:
Planning & Zoning Section (2000 - present)
75 Eugene O'Neill DriveNew London, CT 06320-6306U.S.A.
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