Envirotest Systems Corp. v. Commissioner of Motor Vehicles (concurring)
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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** ENVIROTEST SYSTEMS CORP. v. COMMISSIONER OF MOTOR VEHICLES SECOND CONCURRENCE PALMER, J., concurring. I agree with the result that the majority reaches. For the reasons set forth by Justice Katz in her concurring opinion, however, I do not agree with the majority s conclusion that it is improper for this court to resort to legislative history in determining whether a statute waives sovereign immunity by force of necessary implication. I see no persuasive reason why we should foreclose ourselves from consulting legislative history when it may be useful to do so because the statutory language is not crystal clear with respect to the intent of the legislature. I therefore respectfully concur.
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