A. Gallo & Co. v. Comm'r of Envtl. Prot.
Annotate this CasePlaintiffs in this case were twelve beer and soft drink manufacturers doing business in Connecticut. In 2009, the Legislature provided that all unclaimed beverage container deposits, which previously had been retained by Plaintiffs, henceforth must be paid to the State. The legislation was signed into law on January 15, 2009 and made applicable for a four-month period prior to its effective date. Plaintiffs brought this action against the Commissioner of Environmental Protection, claiming that application of the provision to the four month period prior to the effective date was an unconstitutional taking because Plaintiffs had a vested property interest in the unclaimed deposits. The trial court rendered judgment in favor of Plaintiffs. The Supreme Court reversed, holding that Plaintiffs did not have a vested property interest in the unclaimed deposits attributable to the four month period in question, and therefore, the provision in the act that all unclaimed deposits accruing during that period must be paid to the State did not constitute an unconstitutional taking of Plaintiffs' property.
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