#MiddleburyCT #Lawsuits
By MARJORIE NEEDHAM
One of the four lawsuits the Middlebury Small Town Alliance (MSTA) has filed against the Town of Middlebury has been dismissed. 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 a project 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 720,000 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.”
The MSTA responded to the judge’s decision with a press release stating it was unfazed by the decision. It said the Conservation Commission process was predetermined and designed specifically to withstand appeal.
The next lawsuit, against the Planning and Zoning Commission approval of the original site plan, is set to be heard in December 2024. The MSTA stated it was confident the project would not survive this appeal.
When applications for modifications of the original site plan were approved by the Conservation Commission on May 28, 2024, and the Planning and Zoning Commission on June 6, 2024, two new appeals were filed asking for those approvals to be reversed and a temporary restraining order be issued pending completion of the appeals.
The appeal against the Conservation Commission approval was filed by the MSTA, Dana Shepard, William Giuditta, Jonathan Grieder, and Rosalie Grieder. Defendants are the Middlebury Conservation Commission and Southford Park LLC.
The appeal against the Planning and Zoning Commission approval was filed by the MSTA, Dana Shepard, William Giuditta, Jonathan Grieder and Rosalie Grieder. Defendants are the Middlebury Planning and Zoning Commission and Southford Park LLC.
