State Court Will Hear Vernon Citizens' Appeal

VERNON, Jul 01, 2008 (The Hartford Courant - McClatchy-Tribune Information Services via COMTEX) -- HD | Quote | Chart | News | PowerRating -- -- The state Appellate Court has agreed to hear an appeal brought by a group of citizens opposed to the agreement between the town planning and zoning commission and the developers who want to build a Home Depot on former baseball fields off I-84's Exit 67.

The citizens, who formed Smart Growth for Vernon and fought the Home Depot proposal, appealed the agreement with the assistance of their lawyer, Derek V. Oatis of Manchester.

The planning and zoning commission had two lawsuits pending against it by the developers when a commission subcommittee met with the developers and their lawyers to work out an agreement. That agreement, which was not subject to the public scrutiny that accompanies zoning applications, was approved by the commission 4-3. The commission and the developers then went to court Feb. 14 to have the agreement approved by Rockville Superior Court Judge Samuel J. Sferrazza.

Smart Growth for Vernon and Oatis challenged the commission's negotiated agreement with the developers, Diamond 67 LLC and Home Depot, and appealed to Sferrazza during the Feb. 14 hearing. Sferrazza dismissed two efforts by Smart Growth for Vernon to intervene in the matter.

The Appellate Court agreed that Sferrazza was correct in denying the first request, in which the citizens' group sought to intervene in a simple matter about the timing of the Diamond 67's application and whether the planning and zoning commission acted within the proper time frame.

The Appellate Court has agreed to consider the second issue, which is whether the citizens' group should have been able to intervene and raise environmental questions about the agreement the commission and developers reached.

"Any land use decision has to be made by the planning and zoning commission," Oatis said. In the Home Depot case, the attorneys worked out a development agreement.

"My only goal in all of this was to take these crazy actions ... and get in front of some judges," Oatis said. "I think they'll be repulsed."

Town Attorney Hal Cummings, who will defend the town in the appeal, has insisted the commission acted properly. It used the state law that allowed mediation to reach an agreement that satisfied the commission's concerns and reduced the size of the proposed store.

Had the commission continued to fight, Cummings said, it risked having the developers win the right to build the store they proposed in 2003.

The developers still have the right to move forward with plans to build their 132,973-square-foot store and garden center with 460 parking spaces on the 14.7-acre parcel that used to be the New England Sportsplex.

The developers had said they hope to begin construction this summer, although Oatis said doing so could be risky since the Appellate Court could find the agreement was reached improperly. Oatis also said he'd seek to delay construction.

Contact David Owens at dowens@courant.com.

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