FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Kenneth J. Nelson and Berlin Batting Cages, Inc.,

Complainants

against Docket #FIC 1997-144

Town Planner, Town of Berlin,

Respondent December 3, 1997

The above-captioned matter was scheduled to be heard as a contested case on September 18, 1997, at which time the complainants and the respondent appeared to present testimony and argument on the complaint. At an informal conference prior to the September 18, 1997 hearing, the complainants and the respondent reached the general terms of an agreement in resolution of this contested case. On October 16, 1997, the complainants informed the Commission that they wished to withdraw their complaint.

The Commission warmly commends both the complainants and the respondent for working successfully to negotiate a non-litigated settlement of their earlier differences.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its special meeting of December 3, 1997.

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Kenneth J. Nelson and Berlin Batting Cages, Inc.

1801 Wilbur Cross Highway

P.O. Box 307

Berlin, CT 06037

Town Planner, Town of Berlin

c/o Thomas P. Byrne

790 Farmington Avenue

Building 2E Farmington Commons

Farmington, CT 06032

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-144/FD/tcg/12031997