#MiddleburyCT #MSTA #DistributionCenter
Waterbury Superior Court Judge John L. Cordani on Friday, June 7, 2024, dismissed an administrative appeal of the Middlebury Conservation Commission decision to approve an inland wetlands permit for property at Christian and Southford Roads in Middlebury. The appeal had been filed by the Middlebury Small Town Alliance, Avalon Farms Homeowners Association Inc. and Gary Kline. A site plan for the property presented to the Conservation Commission showed two buildings totaling 720,00 sq. ft. that likely would be used as a distribution center.
The judge’s memorandum of decision stated, in part, “The court finds that the Commission’s decision is supported by substantial evidence in the record, that the Commission made reasonable factual findings based upon the evidence before them, and that the Commission’s conclusions are consistent with the foregoing and with applicable law.”
It also stated, “The court further finds that the plaintiffs have failed to establish on appeal that the challenged Commission decision was not supported by substantial evidence or was unreasonable in view of the facts found and applicable law. Accordingly, the court must dismiss the appeal.”
This is an initial report on the court’s decision. Further reporting will be forthcoming.
