John Casey is a member of the firm's LandLaw Section and its Land Use and Zoning Group, where he concentrates his practice on land use and environmental matters, with particular emphasis on coastal management, development, and permitting, as well as littoral and riparian water rights. Mr. Casey's practice covers all aspects of planning, zoning, and wetland permits and approvals, as well as litigation related to land use permitting and property rights. Prior to his experience with the firm's LandLaw Section, Mr. Casey was a member of Robinson & Cole's Trial and Appellate Section and obtained extensive experience in all types of civil litigation, including products liability, personal injury, and insurance coverage and subrogation matters. Before joining the firm, Mr. Casey was a lieutenant in the U.S. Navy, Judge Advocate General's Corps, fulfilling various legal duties while stationed at the Naval Submarine Base in Groton, Connecticut. After completing his military service, he worked for a litigation firm in New London, Connecticut. John spends part of his time in Robinson & Cole's New London and Providence offices. Professional Associations - Connecticut Bar Association, 2000 to present, Planning & Zoning Section - Rhode Island Bar Association, 2001 to present - American Bar Association, 2002 to present - Connecticut Marine Trades Association, 2005 to present - Connecticut Harbor Management Association, 2009 to present - Yale School of Forestry & Environmental Studies Project on Climate Change, 2006 to present Community Involvement - Connecticut Legal Services, Inc., Board of Directors and Executive Committee - New London Education Foundation, Board Member - Connecticut Cruise Ship Task Force, President of Board of Directors - Lawyers for Children America, Volunteer - The Mystic & Noank Library, Board Member - Groton Mystic Lacrosse Association, Youth Lacrosse Coach, 2010 Experience - 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. - 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 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 Presentations - "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," copresented 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," copresented 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," copresented 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," copresented 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," copresented with Robert Sitkowski (1/26/2006) at Town of Stonington land use boards and commissions News 3.15.11, John Casey Helps Forge New Pro Bono Collaboration 11.03.10, Attorneys Cochair Connecticut Bar Association Planning and Zoning Section Event 10.26.10, Land Law Attorney Presents Yacht Broker Liability Case to Connecticut Marine Trades Association 7.09.10, John Casey and Michele Maresca Present a Review of Land Use Case Law to the Connecticut Bar Association 12.10.08, Robinson & Cole Attorney Elected to Board of Directors of Nonprofit Organization 7.18.08, Robinson & Cole Attorney Named President of Cruise Ship Board Military - United States Navy, Judge Advocate General's Corps, 1997-2000 |