Dwight H. Merriam Photo

Dwight H. Merriam

PARTNER
dmerriam@rc.com
280 Trumbull Street
Hartford, CT
06103-3597
860-275-8228
860-275-8299

PRACTICES
Construction
Distribution and Franchise Law
Environmental
Food and Beverage
Land Use and Zoning
Real Estate
Sustainability and Climate Change


INDUSTRIES
Coastal Development
Government and Municipal
Real Estate
Retail
Health Care
BIOGRAPHY

Dwight Merriam represents developers, local governments, landowners, and advocacy groups in land development and conservation issues. He has published over 200 professional articles and 6 books on land use law, including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context.

Mr. Merriam has been named to the Connecticut Super Lawyers® list in the area of Land Use Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). 


EDUCATION
J.D., Yale University School of Law
M.R.P., University of North Carolina, Planning
B.A., cum laude, University of Massachusetts

ADMISSIONS
Commonwealth of Massachusetts
State of Connecticut

PROFESSIONAL ASSOCIATIONS
American Bar Association, 1978 to present, Chair-elect of the Section of State & Local Government Law (2009 to present); Liaison to the ABA Journal, Section of State & Local Government (2003 to present); Member of President Dennis Archer's Working Group on Protecting the Rights of Service Members, Standing Committee on Legal Assistance for Military Personnel (2003 to present)
American College of Real Estate Lawyers
American Institute of Certified Planners, Fellow and Past President
American Planning Association, former Director and previous Chair of Planning & Law Division
The Counselors of Real Estate
Fellow of the Royal Institution of Chartered Surveyors (FRICS)
Vermont Law School, 1994 to present, Faculty
University of Connecticut School of Law, 2009 to 2010
Anglo-American Real Property Institute

COMMUNITY INVOLVEMENT
Vermont Law School, Faculty (teaches land use law)

HONORS & AWARDS
Listed in The Best Lawyers in America® in the areas of Land Use and Zoning Law and Real Estate Law since 1991 (Copyright 2010 by Woodward/White, Inc., Aiken, SC)
Listed in Chambers USA - Guide to the Leading Lawyers for Business, in the state of Connecticut in the area of Real Estate


PUBLICATIONS & PRESENTATIONS
Articles
"Indelible Public Interests in Property: The Public Trust and the Public Forum" (Spring 2005), published in Boston College Environmental Affairs Law Review, vol. 32, issue 2
"Public Use Goes Peripatetic: First, Michigan Reverses Poletown and Now the Supreme Court Grants Review in an Eminent Domain Case," coauthored with Amanda S. Eckhoff (1/2005), published in Planning & Environmental Law, vol. 57, no. 1
"An Addendum on Grassroots Lobbying," coauthored with Robert I. McMurry (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Homeland Security and Premises Liability," coauthored with Karl P. Baker (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Organizing Support for a Project," coauthored with Robert I. McMurry (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Regulating McMansions, Starter Palaces & Homes on Steroids," coauthored with Robert I. McMurry (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Update on the First Amendment and Adult Uses," coauthored with Benjamin H. Dowling (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"Update on the First Amendment and Religious Land Uses," coauthored with Gregory W. McCracken (8/2004), published in American Law Institute-ABA, 20th Annual Land Use Institute, Boston, MA
"How to Kill a Development Project in 10 Easy Steps," coauthored with Robert I. McMurry (Summer 2004), published in Real Property Section Review, Los Angeles County Bar Association, vol. 17, no. 2
"Breaking Big Boxes: Learning from the Horse Whisperers" (2004 - 2005), published in Vermont Journal of Environmental Law, vol. 6
"Buckeye Settles Little: The Unanswered Questions About Referenda Used to Stop Affordable Housing," coauthored with Patricia E. Salkin, editor, American Bar Association, Section of State and Local Government Law (2004), published in Current Trends and Practical Strategics in Land Use Law and Zoning
"Condemnation Procedures and Techniques (Pub.243)/Nichols on Eminent Domain (Pub.460)" (2004), published in Matthew Bender
"New Urbanist Codes," coauthored with Victor B. Dover, Christopher Duerksen, and Robert Joseph Sitkowski (2004), published in AICP CD-ROM Training
"Nonplussed about Nonpareil: Wal-Mart as a Land Use Phenomenon" (2004), published in , vol. 27, no. 11
"Homeland Security Begins at Home: Local Planning and Regulatory Review to Improve Security," coauthored with Rufus C. Young, Jr. (11/2003), published in Land Use Law & Zoning Digest, vol. 55, no. 11
"Homeland Security Issues: A Land Use Checklist," coauthored with Rufus C. Young, Jr., and Elizabeth A. Castellani (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"How to Kill a Development Project in Ten Easy Steps," coauthored with Robert I. McMurry (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"The Problems in Keeping Affordable Housing Affordable" (8/2003), published in American Law Institute-ABA, 19th Annual Land Use Institute, Santa Fe, NM
"Buckeye Bungled: Blatant Bifurcation Busts Broader Benefits, Begets Bigger Brouhaha" (7/2003), published in Land Use Law & Zoning Digest, vol. 55, no. 6
"Defensible Moratoria: The Law Before and After the Tahoe-Sierra Decision," coauthored with Matthew G. St. Amand (Summer 2003), published in Natural Resources Journal
"Panning For Gold in the Trickle of Supreme Court Cases This Term: What Can We Learn From the IOLTA and Referendum Cases?" (6/2003), published in Zoning and Planning Law Report, vol. 26, no. 6
"Writing Moratoria After Tahoe: Legal Implications and How to Write a Legally Defensible Ordinance" (4/2003), published in University of New Mexico School of Law Natural Resources Journal
"Planning is Essential: A Reply to Bishop and Tilley" (1/2003), published in Environmental Law Reporter, Environmental Law Institute, vol. XXXIII, no. 1
"Rules for the Relevant Parcel" (2003), published in University of Hawaii Law Review
"Tahoe-Sierra Validates the Post-Palazzolo Ponderings on Partial Takings," coauthored with Thomas E. Roberts, editor (2003), published in Taking Sides on Takings Issues: The Impact of Tahoe-Sierra, American Bar Association, State and Local Government Section
"The 2003 ZiPLeRs: The Ninth Annual Zoning and Planning Law Report Land Use Decision Awards" (2003), published in Zoning and Planning Law Report
"The 2002 ZiPLeRs: The Eighth Annual Zoning and Planning Law Report Land Use Decision Awards" (12/2002), published in Zoning and Planning Law Report, vol. 25, no. 11
"Moratorium Madness" (October to December 2002), published in Connecticut Planning, Connecticut Chapter of the American Planning Association
"The Tahoe-Sierra Decision: More Questions than Answers" (September/October 2002), International Municipal Lawyers Association
"Will Moratorium Mania Result from Tahoe?" (8/2002), published in Connecticut Law Tribune, vol. 28, no. 31
"Tahoe-Sierra: A Takings Time Warp?" (6/2002), published in Zoning and Planning Law Report
"What the Supreme Court Didn’t Decide in Tahoe-Sierra" (6/2002), published in Land Use Law & Zoning Digest, vol. 54, no. 6
"New 'BRERA’ Law" (2/2002), published in Retail Law Strategist, vol. 2, issue 2, International Council of Shopping Centers
"The 2001 ZiPLeRs: The Seventh Annual Zoning and Planning Law Report Land Use Decision Awards" (2/2002), published in Zoning and Planning Law Report, vol. 25, no. 2
"Palazzolo and Partial Takings" (2002), published in Taking Sides on Takings Issues, public and private perspectives
"Reengineering Regulation to Avoid Takings" (Winter 2001), published in Urban Lawyer, vol. 33, no. 1
"Resource Review: A Practical Guide to Real Estate Practice by Joshua Stein" (Winter 2001/2002), published in Real Estate Issues, The Counselors of Real Estate
"The Palazzolo Decision: Time for Damage Control" (September/October 2001), published in Municipal Lawyer, vol. 42, no. 5
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1999-2000," coauthored with Gregory W. McCracken (Summer 2001), published in Quinnipiac Law Review, vol. 21, no. 1
"Good and Evil in the Village of Willowbrook: The Story of Olech and the Cases Which Followed" (6/2001), published in Trends in Land Use Law from A to Z, American Bar Association
"Group Homes for Recovering Alcoholics and Substance Abusers," coauthored with Michael J. Kolosky (5/2001), published in Zoning and Planning Law Report, vol. 24, no. 5
"Commentary" (4/2001), published in Land Use Law & Zoning Digest, vol. 53, no. 4
"Overcoming Opposition in Commercial Real Estate Development" (4/2001), published in Commercial Real Estate, a supplement to Connecticut Law Tribune
"The 2000 ZiPLeRs: The Sixth Annual Zoning and Planning Law Report Land Use Decision Awards" (2/2001), published in Zoning and Planning Law Report, vol. 24, no. 2
"Overcoming Opposition in Commercial Real Estate Development" (2001), published in Connecticut Law Tribune
"Palazzolo Promotes Property Rights,," coauthored with Bryan W. Wenter (2001), published in APA Zoning and Planning Law Report
"The Ultimate in Federal Land Use Planning: The Total Maximum Daily Load (TMDL) Program" (2001), published in Trends in Land Use Law from A to Z, American Bar Association
"Will Federal Brownfields Legislation Prove to Be a Cruel Hoax?" (2001), published in Retail Law Strategist
"Connecticut Family Values" (12/2000), published in Connecticut Lawyer
"The Palazzolo Palaestra" (12/2000), published in Zoning and Planning Law Report, vol. 23, no. 11
"Del Monte Dunes v. City of Monterey" (10/2000), Proceedings: ALI-ABA Inverse Condemnation and Related Government Liability, Boston, Massachusetts
"A Primer on Title II of the ADA As It Affects Real Estate," coauthored with R. Jeffrey Lyman (8/2000), published in Accessibility Under the Americans with Disabilities Act and Other Laws, Chapter 5, American Bar Association
"The U.S. Supreme Court’s Decision in Del Monte Dunes: The Views of Two Opinion Leaders" (8/2000), published in Zoning and Planning Law Handbook, chap. 11
"Good and Evil in the Village of Willowbrook: The Story of the Olech Case" (5/2000), published in Zoning and Planning Law Report, vol. 23, no. 5
"Reengineering Regulation to Avoid Takings" (2/2000), Cool Springs, Tennessee
"The 1999 ZiPLeRs: The Fifth Annual Zoning and Planning Law Report Land Use Decision Awards" (2/2000), published in Zoning and Planning Law Handbook, vol. 23, no. XX
"The Aftermath of Del Monte Dunes" (2/2000), published in 2000 Training School & Annual Meeting, Association of Towns of the State of New York
"Wetlands Mitigation Banking: Recent Developments and Background Materials" (2/2000), compiled for the Alliance of Business Park Developers, Goshen, New York
"Smart Growth, Dumb Takings," coauthored with Gurdon H. Buck (12/1999), published in Environmental Law Reporter, vol. XXIX, no. 12
"Your Jeopardy Answer: 'Time Will Tell.’ The Question: 'How Is Nollan/Dolan to be applied to impact fees and other monetary obligations, and what is the future of Nollan/Dolan after Del Monte Dunes?" (10/1999), Proceedings: Georgetown University Law Center/Environmental Policy Project CLE Program, Washington, DC
"What Does Del Monte Dunes Mean?" (September/October 1999), published in Municipal Lawyer, International Municipal Lawyers Association
"Resolving Land Use Cases Short of Trial" (9/1999), published in Proceedings, International Municipal Lawyers Association 64th Annual Conference, Toronto, Ontario, Canada
"The United States Supreme Court Decision in Del Monte Dunes: The Views of Two Opinion Leaders (Part II)" (9/1999), published in Zoning and Planning Law Report
"Locally Unwanted (or is it 'Undesirable'?) Land Uses" (8/1999), published in ALI-ABA Land Use Institute Course Materials, Planning, Regulation, Litigation, Eminent Domain, and Compensation, vol. II, Santa Fe, New Mexico
"Public/Private Joint Ventures in Development and Redevelopment" (8/1999), published in ALI-ABA Land Use Institute Course Materials, Planning, Regulation, Litigation, Eminent Domain, and Compensation, vol. I, Santa Fe, New Mexico
"Update on Land Use and the First Amendment" (8/1999), published in ALI-ABA Land Use Institute Course Materials, Planning, Regulation, Litigation, Eminent Domain, and Compensation, vol. 1, Santa Fe, New Mexico
"The United States Supreme Court Decision in Del Monte Dunes: The Views of Two Opinion Leaders (Part I)" (July/August 1999), published in Zoning and Planning Law Report, vol. 22, no. 7
"Dealing with Citizen Opposition, Lessons Learned" (Spring/Summer 1999), published in Land Development, vol. 12, no. 1
"So What Does Del Monte Dunes Mean?" (6/1999), published in American Planning Association Planning & Law Division Newsletter
"The Coveted ZiPLeRs" (2/1999), published in Zoning and Planning Law Report, vol. 22, no. 2; The Fourth Annual Zoning and Planning Law Report Land Use Decision Awards
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1998," coauthored with Robert J. Sitkowski (1999), published in Quinnipiac Law Review, vol. 18, no. 4
"The Seven-Nun Conundrum,," coauthored with Robert J. Sitkowski (1999), published in Land Use Law & Zoning Digest
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1997," coauthored with Robert J. Sitkowski (Winter 1998), published in Quinnipiac Law Review, the law review association of Quinnipiac College School of Law, vol. 17, no. 4, pt. I
"Will This Mouse Roar? United States Supreme Court Takes a Takings Case" (12/1998), published in Zoning and Planning Law Report, vol. 21, no. 11
"High Court Has Opportunity to Quietly Transform 'Takings' Law" (9/1998), published in Legal Backgrounder, Washington Legal Foundation, vol. 13, no. 31
"Procedural Due Process in Practice," coauthored with Robert J. Sitkowski (Summer 1998), published in Planning Commissioners Journal, no. 31
"Winners and Losers — Who really wins in modern takings cases?" (7/1998), published in Public Interest Law Reporter, vol. 3, no. 2
"The Coveted ZiPLeRs" (2/1998), published in Zoning and Planning Law Report, vol. 21, no. 2, The Third Annual Zoning and Planning Law Report Land Use Decision Awards
"A Fundamental Fairness Issue" (12/1997), published in Connecticut Law Tribune
"Use of Computers and Telecommunications in Land Use and in Eminent Domain Practice" (8/1997), published in ALI-ABA Land Use Institute Course Materials, ALI-ABA Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation, Coronado, California
"City of Boerne v. Flores: A Religious Exemption from Local Land Use Laws," coauthored with Matthew J. Cholewa (5/1997), published in Zoning and Planning Law Report, vol. 20, no. 5
"The Coveted ZiPLeRs" (2/1997), published in Zoning and Planning Law Report, vol. 20, no. 2, The Second Annual Zoning and Planning Law Report Land Use Decision Awards
"Land Use and Zoning Law: Recent Developments in the Second Circuit 1996," coauthored with Helen L. Edmonds (Winter 1996), published in Quinnipiac Law Review, vol. 15, no. 4
"An Introduction to the Internet and Related Technologies," coauthored with Darrell F. Cook (12/1996), published in Zoning and Planning Law Report, vol. 19, no. 11
"The Numerator-Denominator Problem" (11/11/1996), published in Connecticut Law Tribune Magazine, Environmental Law
"Use of Computers and Telecommunications in Land Use and in Eminent Domain Practice" (11/1996), published in Southwest Institute on Planning, Zoning and Eminent Domain
"1996 Update on Use of Computers in Land Use Law Practice" (8/1996), published in ALI-ABA Land Use Institute Course Materials, Volume II
"Annual Update on Recent Developments in Regional Planning" (8/1996), published in ALI-ABA Course Materials Journal, vol. II
"Constitutional Issues in Land Use Law" (8/1996), published in ALI-ABA Course Materials Journal, vol. II
"Seeking Balance: The Conflict Over Property Rights" (7/17/1996), The Coastal Society 15th International Conference, Seattle, Washington
"Powers and Duties of Connecticut Land Use Agencies" (7/1996), Open Space and Agricultural Land Preservation Forum, University of Connecticut at Torrington
"Beyond the Banks: The Takings Issue" (6/21/1996), American River Management Society, Columbus, Ohio
"Recognizing a SLAPP Suit and Understanding Its Consequences," coauthored with Darrell F. Cook (6/1996), published in Carolina Planning, vol. 21, no. 2
"Recognizing a SLAPP Suit and Understanding Its Consequences," coauthored with Darrell F. Cook (6/1996), published in Florida Planning, vol. VIII, no. 5
"Recognizing a SLAPP Suit and Understanding Its Consequences," coauthored with Darrell F. Cook (5/1996), published in Zoning and Planning Law Report, vol. 19, no. 5
"Leading Land Use Cases of 1995" (4/1996), 1996 APA National Planning Conference: Lawyers, Computers, Technology, and the Internet, Orlando, Florida
"Norman Williams, Jr., and Legal Realism" (Spring 1996), published in Vermont Law Review, Festschrift: Norman Williams, Jr., vol. 20, no. 3
"Avoiding Land Use Liability and How to Win Your Land Use Case (Whether You’re a Local Government or Developer)" (3/18 to 3/19/1996), APA Nevada Workshop, Las Vegas and Reno, Nevada
"Lawyers on the Internet - How and Why You Should Go Online," coauthored with S. Abshere, J. Farmer, and R. Klein (March 1996), Professional Education Systems, Inc.
"The Coveted ZiPLeRs: The First Annual Zoning and Planning Law Report Land Use Decision Awards," coauthored with Matthew J. Cholewa (2/1996), published in Zoning and Planning Law Report, vol. 19, no. 2
"Constitutional Principles for Land Use Exactions," coauthored with R. Jeffrey Lyman (Winter 1995), published in Environmental and Urban Issues, vol. 22, no. 2
"A Planners View of Dolan" (11/1995), Takings - Land Development and Regulatory Takings After Dolan and Lucas, edited by David L. Callies
"Avoiding and Successfully Litigating the Land Use Case" (10/30/1995), APA Planning and Zoning Institute, New Brunswick, New Jersey
"First Amendment Update" (10/15/1995), APA 1995 Northeast Regional Conference, Ledyard, Connecticut
"City of Edmonds v. Oxford House, Inc.: A Victory for Group Homes for the Handicapped," coauthored with Matthew J. Cholewa (Fall 1995), published in Journal of Affordable Housing & Community Development Law, vol. 5, no. 1
"The City of Edmonds Case: Federal Override of Traditional Single-Family Zoning?," coauthored with Matthew J. Cholewa (Fall 1995), published in The Law and The Land, vol. 9, no. 2
"City of Edmonds v. Oxford House, Inc.: A Supreme Court Victory for Group Homes for the Handicapped," coauthored with Matthew J. Cholewa (July/August 1995), published in Zoning and Planning Law Report, vol. 18, no. 7
"City of Edmonds: A Case of the Feds vs. Traditional Single-Family Zoning," coauthored with Matthew J. Cholewa (Spring 1995), published in Journal of Affordable Housing, vol. 4, no. 3
"A Practical Guide to 'Substantially Advancing Legitimate Governmental Interests’ with Dedications and Other Exactions," coauthored with R. Jeffrey Lyman (Winter/Spring 1995), Mississippi Chapter, American Planning Association, Planning Exchange
"Zoning and the Elderly: Issues for the 21st Century," coauthored with Helen L. Edmonds (3/1995), published in Land Use Law & Zoning Digest, vol. 47, no. 3
"Federal Zoning Regulation: The Fair Housing Amendments Act and Its Override of Local Control," coauthored with Matthew J. Cholewa (2/1995), published in Zoning and Planning Law Report, vol. 18, no. 2
"Dealing with Dolan, Practically and Jurisprudentially," coauthored with R. Jeffrey Lyman (1995), published in Zoning and Planning Law Handbook, chap. 4 of 1995 Zoning and Planning Law Handbook, edited by Alan M. Forrest, Clark Boardman Callaghan, a division of Thomson Legal Publishing, Inc.
"Property Rights: Stay Tuned" (12/26/1994 to 1/2/1995), published in Connecticut Law Tribune, vol. 21, no. 1
"A Practical Guide to 'Substantially Advancing Legitimate Governmental Interests' with Dedications and Other Exactions," coauthored with R. Jeffrey Lyman (Fall 1994), APA, Kentucky Chapter
"The Future of Planning in the United States" (Fall 1994), APA Iowa Planning
"Developers, Dedications, and Dolan," coauthored with R. Jeffrey Lyman (September/October 1994), published in Connecticut Planning, APA
"Dealing with Dolan, Practically and Jurisprudentially," coauthored with R. Jeffrey Lyman (9/1994), published in Zoning and Planning Law Report
"The Supreme Court Ruling in Dolan: Dedications, Exactions and Legitimate Governmental Interests," coauthored with R. Jeffrey Lyman (August/September 1994), APA, Los Angeles Section
"Dolan v. Tigard," coauthored with R.J. Lyman (8/1994), published in ALI-ABA Course Materials Journal, vol. 1
"Grass Roots Lobbying," coauthored with Jonathan Pelto and Michelle Wilke (8/1994), published in ALI-ABA Land Use Institute Course Materials, vol. II
"ISTEA Annual Update," coauthored with Peter Forand (8/1994), published in ALI-ABA Course Materials Journal, vol. 1
"Some Practical Pointers for Limiting Land Use Liability," coauthored with Rebecca Locketz (8/1994), published in ALI-ABA Course Materials Journal
"A Practical Guide to 'Substantially Advancing Legitimate Governmental Interests' with Dedications and Other Exactions," coauthored with R. Jeffrey Lyman (July/August 1994), published in New England Planning, APA
"Testing the Constitutionality of Land Use Exactions in Dolan and Nollan," coauthored with R. Jeffrey Lyman (5/1994), published in Connecticut Law Tribune, Land Use & Environmental Supplement
"Testing the Constitutionality of Land Use Exactions in Dolan and Nollan" (3/1994), published in Zoning and Planning Law Report
"Lucas: One Year Hence" (8/1993), published in Connecticut Law Tribune, Land Use & Zoning Supplement
"The First Amendment and Land Use," coauthored with Brian Smith, Lauren Aguiar, and Daniel Mandelker (8/1993), Annual Conference of the ALI-ABA
"No, Norman, the Sky Is Not Falling" (July/August 1993), published in Zoning and Planning Law Report
"How to Manage Community Growth," coauthored with Myron D. Dornic (5/1993), published in Practical Real Estate Lawyer
"The Supreme Court Takes on 'Takings': Lucas v. South Carolina Coastal Council" (January/February 1993), published in Planning Commissioners Journal, no. 8
"Avoiding the Shoals of Lucas: A Navigator’s Guide" (1993), published in Growth Management Reporter, vol. 1, no. 3
"Identifying & Beating a Strategic Lawsuit Against Public Participation" (1993), published in Connecticut Real Estate Law Journal, vol. II, no. 2
"Lucas - A Year Later" (1993), published in Connecticut Real Estate Law Journal, vol. 11, no. 3
"Preparing for the Hearing: Ten Tips" (10/1992), published in Urban Land
"An Illustration of How Best Management Practices May Be Applied to a Residential Community" (8/1992), published in ALI-ABA Course Materials Journal, vol. 1
"General Nationwide Permits," coauthored with Lowell L. Peterson (8/1992), published in ALI-ABA Course Materials Journal, vol. 1
"Local Growth Management," coauthored with Myron D. Dornic (8/1992), published in ALI-ABA Course Materials Journal, vol. II
"State Regulatory Activity," coauthored with James P. Horan (8/1992), published in ALI-ABA Course Materials Journal, vol. II
"Strategic Lawsuits Against Public Participation," coauthored with Jeffrey A. Benson (8/1992), published in ALI-ABA Course Materials Journal, vol. II
"Wetlands Mitigation," coauthored with Lowell L. Peterson (8/1992), published in ALI-ABA Course Materials Journal, vol. 1
"New Hampshire Supreme Court Requires Inclusionary Zoning" (Fall 1991), published in Housing Quarterly, the newsletter of the Connecticut Lawyers Clearinghouse, on affordable housing and homelessness
"State and Regional Regulatory Activity," coauthored with James P. Horan (7/1991), ALI/ABA Land Use Institute, Coronado, California
"The 1990 Federal Storm Water Regulations," coauthored with Rhonda Tobin (7/1991), ALI-ABA Land Use Institute, Coronado, California
"Land Use Strategies in a Down Economy" (4/1991), PAS Memo, American Planning Association
"Wetlands Regulation" (3/1991), published in Handling Land Use & Environmental Problems of Real Estate, Practising Law Institute
"The First Amendment in Land Use" (1/1991), published in Recent Developments in Land Use Law, produced by ALI-ABA for the video law review program
"State and Regional Regulatory Activity," coauthored with Thomas P. Cody (8/1990), published in ALI-ABA Land Use Institute Course Materials, Land Use Institute Planning, Regulation, Litigation, Eminent Domain, and Compensation, vol. II
"Impact of 42 U.S.C. Sec. 1983 (Civil Rights Act) on Highway Departments, Personnel, and Officials," coauthored with C. Luther Propst and Marsha Hutchinson (5/1990), published in Legal Research Digest, no. 11, by Transportation Research Board
"Presenting Demonstrative Evidence in a Land Use Case," coauthored with Stuart R. Deans (3/1990), published in Practical Litigator, vol. 1, no. 2, The American Law Institute-American Bar Association Committee on Continuing Professional Education
"The First Amendment in Land Use Law," coauthored with Brian R. Smith (2/1990), published in ALI-ABA Course Materials Journal, vol. 14, no. 4
"Issues of Professional Responsibility" (1990), published in Handling Land Use & Environmental Problems of Real Estate, Practising Law Institute
"New Vested Property Rights Legislation: States Seek to Steady a Shaky Judicial Doctrine," coauthored with Patricia O’Leary Campanella and Donald L. Elliott (12/1988), published in Zoning and Planning Law Report, vol. 11, no. 11
"Flood Damage Protection: Impact of the National Flood Insurance Program," coauthored with Raymond T. DeMeo (10/1988), published in Zoning and Planning Law Report, vol. 11, no. 9
"Commentary on First English and Nollan" (Spring 1988), published in Hofstra Property Law Journal 83-93
"Defensible Linkage," coauthored with Christine I. Andrew (Spring 1988), published in Journal of the American Planning Association, vol. 54, no. 2, 199-209
"Section 404 Jurisdiction" (3/1988), published in Proceedings, Fourth Wetlands Conference, University of Connecticut, Connecticut Institute of Water Resources Report, no. 34
"Defensible Linkage," coauthored with Christine I. Andrew (1988), published in Development Impact Fees, chap. 19, 227-41, Arthur C. Nelson, editor, APA Planner’s Press
"Demystifying the Project Permit Process" (1988), published in Urban Waterfronts 87 Water: the Ultimate Amenity, summary of a conference from September 17 to 19, 1987, in Washington, D.C.
"Local Governments and Park Natural Resources," coauthored with C. Luther Propst and Christopher J. Duerksen (1986), published in Natural Resources Law and Policy and the National Park Service, duties, opportunities, and tools compiled by the Conservation Foundation for National Park Service's natural resource specialist trainees
"Outline for a Course in Floodplain Management Through Land Use Regulation," coauthored with John Pagini (1986), proceedings of strengthening local flood protection programs, Association of Floodplain Managers, 259-74
"A Wetland Is a Wetland Is a Wetland," coauthored with Jeffrey H. Mills and Patricia A. Ayars (1985), published in Inclusionary Zoning Moves Downtown
"Environmental Regulations: Techniques to Protect the Natural and Built Environment" (1985), published in Land Use Law for Planners and Lawyers, American Planning Association
"Government Liability Under the Civil Rights Act of 1871" (1985), published in Land Use Law for Planners and Lawyers, American Planning Association
"Land Dedications in Lieu of Fees and Impact Fees: When Are They Legal?" (1985), pt. II, American Planning Association
"Land Use Regulation and Municipal Liability" (1985), published in Civil Rights Litigation and Attorneys Fees, Clark Boardman
"Legally, We’ve Been Had" (1985), published in Zoning and Planning Law Handbook, 51 Planning 8, Clark Boardman
"Limiting Land Use Liability" (1985), published in Zoning and Planning Law Handbook, Clark Boardman
"Regional General Welfare: The End of a Trend?" (1985), proceedings of the Institute on Planning, Zoning, and Eminent Domain, Southwestern Legal Foundation
"Regulating Signs, Adult Entertainment Uses, and Video Arcades" (1985), pt. II, American Planning Association
"Land Dedications in Lieu of Fees and Impact Fees: When Are They Legal?" (8/1984), published in Impact Fees-A Developer’s Manual, National Association of Home Builders
"Accessory Apartments" (5/1983), published in Zoning and Planning Law Report
"Land Use Liability Under Section 1983" (1983), published in Connecticut Association of Municipal Attorneys Newsletter
"Commissioner’s Memo: Reducing the Risk of Liability" (9/1982), 48 Planning 11
"Legal Report: Antitrust Liability? Not to Worry." (4/1982), 48 Planning 9
"Local Government Liability and Land Use" (2/1982), 64 Public Management 2
"Accessory Apartments: Using Surplus Space in Single-Family Homes," coauthored with Patrick H. Hare and Susan Connor (1981), published in Planning Advisory Service Report, no. 365, American Planning Association
"Constitutional Issues in Land Use Law: Equal Protection and the First Amendment" (1981), published in Land Use Law for Planners and Lawyers, American Planning Association
"Government Liability Under Section 1983" (1981), published in Land Use Law for Planners and Lawyers, American Planning Association
"Farmland and Open Space Preservation - Orchestration and Deification" (5/16/1980), the uses of open space in growth management, proceedings of Conference on Planning for Growth Management, City and County of Honolulu, Hawaii
"Legal Research for Planners" (6/1979), published in Practicing Planner
"P.A. 490 - The Open Spaces Act" (1/22/1979), published in Connecticut Law Tribune
"Legal Notes for Planners" (1979 to 1983), published in Connecticut Planner, a continuing column in this newsletter of the Connecticut Chapter of the American Planning Association
"Farmland Bill May Add Up to More Losses Than Gains" (4/2/1978), published in New York Times, sec. 11, p. 12
"Compensation in TDR Programs: Grand Central and the Search for the Holy Grail," coauthored with John Conrad (1978), published in Journal of Urban Law
"Making TDR Work" (1978), published in North Carolina Law Review
"Employee Theft," coauthored with Ann Merriam (8/1977), published in 9 Criminal Justice Abstracts, a bibliography on the transfer of development rights, Council of Planning Librarians Exchange, bibliography no. 1338
Article Introductions
Introduction to coauthored with Michael Asimow and Edward J. Sullivan (Jan. 2006), published in Zoning and Planning Law Report, vol. 29, No. 1.
Books
Eminent Domain Use and Abuse: Kelo in Context (2006), Mary Massaron Ross, coeditor
The Complete Guide to Zoning (2005), published byMcGraw-Hill
The Takings Issue (1999), published byIsland Press
Inclusionary Zoning Moves Downtown (1985), published byAmerican Planning Association (APA)
Book Reviews
Handling the Land Use Case - A Book Review (8/1984), Frank Schnidman, et al., 43 Urban Land 38
Land Use Controls - A Book Review (2/1982), published in Journal of the American Planning Association, Ellickson & Tarlock
Growth Management - A Book Review (6/1979), published in Western New England College Law Review, Lawrence Burrows
Cable Television and the FCC: A Crisis in Media Control - A Book Review coauthored with David Godschalk (1974), Yale Review of Law and Social Action and Journal of the American Institute of Planners
The Cable Fable - A Book Review coauthored with David Godschalk (1974), Yale Review of Law and Social Action and Journal of the American Institute of Planners
Presentations
"U.S. Supreme Court's 2004-2005 Land Use Cases" (1/5/2006) presented at 23rd Annual National CLE Conference sponsored by the Colorado Bar Association in Colorado in conjunction with the Law Education Institute; also member of panel discussion with lawyers from around the country regarding takings issues
"The Law and Planning of Public Open Spaces (The Big Dig and Beyond)" (8/9/2005) presented at Big Dig Symposium, Boston College
"The Changing National Landscape on Local Land Use Challenges—The Attack on the Public Purpose Rule and Other Principles" (2/4/2005) presented at Municipal Law Conference 2005, Massachusetts Continuing Legal Education, Inc., Boston, Massachusetts, keynote speaker
"Housing and Regulatory Streamlining" (12/4/2004) presented at Planning Reform in the New Century Conference, Washington University School of Law, St. Louis, Missouri, commentator for Anthony Downs and Charles Daye
"Sea Level Rise. Let the Lawsuits Begin! Legal Issues Only a Lawyer Could Love" (11/19/2004) presented at Municipal Workshop on Climate Change and Its Impact on Shoreline Communities, Guilford, Connecticut
"Current Legal Real Estate Issues in Connecticut" (11/8/2004) presented at 2004 Connecticut Commercial Real Estate Conference, Farmington, Connecticut, panelist with Eugene A. Marconi and Elliott B. Pollack, with Katherine A. Pancak moderating
"Homeland Security and Real Estate" (11/4/2004) presented at 2004 Urban Land Institute Fall Meeting, New York, New York, panelist with Rufus C. Young, Jr., with Roger Platt moderating
"The Shift Towards Greater Protection of Private Property Rights" (10/18/2004) presented at program on Land Use and Property Rights in America, Lincoln Institute of Land Policy, Cambridge, Massachusetts
"Public Trust Issues in Projects Like the Big Dig" (10/7/2004) presented at The Boston College Environmental Affairs Law Review 2004 Fall Conference, Newton Center, Massachusetts
"Homeland Security: Land Use Planning and Real Estate" (10/4/2004) presented at International Municipal Lawyers Association 2004 Annual Conference, San Antonio, Texas
"Moratoria" (9/29/2004) presented at Pace Law School's Center for Continuing Legal Education program on Emerging Issues and Innovations in Land Use Law, Pace University, White Plains, New York
"Update on Homeland Security and Land Use" (8/26 to 8/28/2004) presented at American Law Institute-American Bar Association, Twentieth Annual Land Use Institute, Boston, Massachusetts
"Land Use, Planning, and Environmental Law" (6/23/2004) presented at Audio-Conference Training Program, American Planning Association
"Homeland Security Begins at Home" (6/10/2004) presented at Vermont Law School, South Royalton, Vermont
"Homeland Security: Local Planning and Regulatory Review to Improve Security" (5/26/2004) presented at Connecticut Bar Association, Planning and Zoning Section Meeting, New Haven, Connecticut
"Anatomy of a Planning Board/Zoning Board Hearing — Mock Proceedings" (5/20 to 5/21/2004) presented at The Center for American and International Law, Land Use Law Conference, Albany, New York
"Homeland Security Impact on Planning" (4/24 to 4/28/2004) presented at Education Summit II, American Planning Association, 2004 National Planning Conference, Washington, District of Columbia, keynote speaker
"Moratoria" (4/22 to 4/24/2004) presented at American Law Institute-American Bar Association, Eleventh Annual Inverse Condemnation and Related Government Liability Conference, Washington, District of Columbia
"Zoning Clinic" (2/18/2004) presented at Audio-Conference Training Program, American Planning Association
"Homeland Security Begins at Home — A Look at Homeland Security Issues at the Town Level" (2/16/2004) presented at Association of Towns of the State of New York, 2004 Annual Meeting, New York, New York
"Defensible Moratoria" (2/13/2004) presented at Connecticut Bar Association, Advanced Seminar on Updates on Critical Areas of the Practice, New Britain, Connecticut
"Overview of Substantive Takings Law" (10/30 to 10/31/2003) presented at Georgetown University Law Center, CLE/Environmental Law & Policy Institute, 6th Annual Conference
"Current Land Use Issues - Moratoria, Affordability Controls, and Referenda on Affordable Housing" (10/8/2003) presented at Utah Land Use Institute, Salt Lake City, UT
"New Concepts in Regulating Land Use - Homeland Security Issues: A Land Use Checklist," copresented with Rufus Calhoun Young, Jr. (10/8/2003) at Utah Land Use Institute, Salt Lake City, Utah
"Defensible Moratoria" (9/25/2003) presented at Orange County Municipal Planning Federation Annual Meeting, Slate Hill, NY
"Defensible Moratoria" (9/25 to 9/26/2003) presented at Northern New England Chapter of the American Planning Association, Fall Conference, Concord, NH
"Exclusionary Zoning Issues in the 21st Century," copresented with Professor Daniel R. Mandelker with Frank Schnidman moderating (8/21 to 8/23/2003) at American Law Institute-American Bar Association, Nineteenth Annual Land Use Institute, Santa Fe, NM
"The Big Issue in Takings Law These Days: What is the Relevant Parcel" (6/11/2003) presented at A Summer Brown Bag Lecture Series, Vermont Law School, South Royalton, VT
"Case Studies in Water Protection Through Land Use Regulation" (5/19/2003) presented at Nonpoint Education for Municipal Officials (NEMO) U3 Conference, University of Connecticut Cooperative Extension System, Avery Point Campus, Groton, CT
"Writing Moratoria After Tahoe: Legal Implications and How to Write a Legally Defensible Ordinance" (4/12/2003) presented at Growth Management: Impacts and Options Conference, Albuquerque, NM
"Analysis and Review of Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency," copresented with Gideon Kanner and Professor Robert H. Freilich (4/9 to 4/11/2003) at American Bar Association, State and Local Government Law Section, San Francisco, CA
"Ethics and the Handling of a Hearing" (4/9 to 4/11/2003) presented at Institute for Local Government Studies of The Center for American and International Law in cooperation with the American Bar Association, State and Local Government Law Section, San Francisco, CA
"Church v. State," copresented with Michael S. Giaimo (4/2003) at American Planning Association
"Beyond Neighborhood Discussion," copresented with Richard Anderson, Leon Eplan, Richard Tustian, Karen Walz, Paul Sedway and Peter Calthorpe (3/29 to 4/2/2003) at American Planning Association, 2003 National Planning Conference, Denver, CO
"Defensible Moratoria," copresented with Deborah M. Rosenthal (3/29 to 4/2/2003) at American Planning Association, 2003 National Planning Conference, Denver, CO
"Ethical Scenarios and Solutions," copresented with Floyd Lapp, William M. Harris, Jr., and Sue E. Pratt (3/29 to 4/2/2003) at American Planning Association, 2003 National Planning Conference, Denver, CO
"Make No Little Boxes," copresented with Lane H. Kendig and Michael V. Dyett (3/29 to 4/2/2003) at American Planning Association, 2003 National Planning Conference, Denver, CO
"Greyfields' Redevelopment - What Can Be Done with That Rundown Vacant Strip Mall" (3/20/2003) presented at Connecticut Federation of Planning and Zoning Agencies, 55th Annual Meeting, Southington, CT
Videos
"Substantial Relationship and the Supreme Court’s Del Monte Dunes Decision," coauthored with D. Callies and J. Laitos (6/2001), published in Rocky Mountain Land Use Institute Publications Catalogue, (video)
"What’s Wrong with Takings Law: Is Takings Legislation Necessary?," coauthored with J. Juergensmeyer, G. Kanner, R. Freilich, and E. Ziegler (6/2001), published in Rocky Mountain Land Use Institute Publications Catalogue, (video)

NEWS
9.03.10 Home is Where the Tax Exemption is
8.27.10 Dwight H. Merriam Elected Chair of American Bar Association (ABA) Section of State & Local Government Law
7.21.10 Court of Claims Adds $100 Million for Eminent Domain Taking
7.13.10 West Publishing Selects Writings by Land Use Lawyers for its Annual Compendium of Leading Articles
7.08.10 Dwight Merriam Shares Insights on Supreme Court Decision Stop the Beach Renourishment
6.30.10 Dwight Merriam Weighs in on “Judicial Takings” Ruling Article in Law360
6.14.10 Chambers USA Ranks Robinson & Cole in Five Practices, Names 11 Attorneys as Leading Lawyers
6.14.10 Robinson & Cole Lawyer Wins Robert Bruss Real Estate Book Award
6.02.10 Robinson & Cole Lawyer Coauthors Chapter in Homeland Security and Emergency Management: A Legal Guide for State and Local Governments and Speaks Around the Country
4.21.10 Robinson & Cole Lawyer Speaks at Conferences in Connecticut, Colorado, and Georgia
4.05.10 Robinson & Cole Attorney Speaks at Various Teleconferences on Land Law Topics
3.18.10 Robinson & Cole Lawyer Publishes Materials on Land Use and Zoning
2.22.10 Robinson & Cole Attorney Speaks at Meetings in Colorado and Connecticut
1.25.10 Robinson & Cole Lawyer Authors Materials on Land Use and Zoning
10.19.09 Robinson & Cole Lawyer Quoted in The New York Times on the “Right to Dry”
9.02.09 Books by Robinson & Cole LandLaw Partners on Best Seller List
6.29.09 Robinson & Cole Attorney Authors Article for Environmental Law Journal
5.21.09 Robinson & Cole LandLaw Partners Publish Articles in Leading Book on Planning
5.01.09 Robinson & Cole Land Use Partner Publishes Book on Religious Land Use and Institutionalized Persons Act
4.28.09 Robinson & Cole Land Use Partner Publishes Article on Zoning Appeals
2.26.09 Robinson & Cole Land Use Partner to Make Appearance on Radio Talk Show on Friday the 27th
1.08.09 Robinson & Cole LandLaw Partner Authors Blog and Publishes Fifth Book
11.24.08 Robinson & Cole Land Use Attorneys Participate in Zoning, Subdivision and Land Development Seminar
11.19.08 Robinson & Cole Partner Authors Article on Residency Restrictions for Sex Offenders
11.11.08 Robinson & Cole LandLaw Attorneys Participate in CBA Advanced Land Use Law Seminar
11.05.08 Robinson & Cole Land Use Partner Speaks at Conferences in Nevada and New York
8.14.08 Robinson & Cole Partner Moderates National ABA National Teleconference
8.05.08 Robinson & Cole Land Use Partner Quoted in National Articles
8.01.08 Robinson & Cole Land Use Partner Publishes Article
7.10.08 Robinson & Cole Land Use Partner Speaks on "Recent Developments in Inverse Condemnation"
7.03.08 Robinson & Cole Land Use Partner As Keynote Speaker at Annual Land Use Law Conference
6.24.08 Robinson & Cole Land Use Partner Elected Chairman of Advisory Board
6.17.08 Robinson & Cole Land Use Partner Speaks at Annual Land Use Institute
3.26.08 Robinson & Cole Land Use Partner Speaks at RMLUI Annual Conference
3.18.08 Robinson & Cole Land Use Partner Speaks at CLE Conference
2.05.08 Robinson & Cole Land Use Partner Gives Back

MILITARY
Active duty Navy: 1968 - 1975, three tours in Vietnam
Reserve: 1975 - 1999
Retired Captain, Surface Warfare