A town appeal in a nearly five year old case involving the town’s wetland commission and a subdivision off Bungay Road was dismissed by the state Supreme Court Thursday.
The case goes back to March 2004, when John and Anna Fanotto Jr., asked the town’s Inland Wetlands Commission to approve a 20-lot subdivision in the area of Bungay Road.
In May 2004, several neighbors opposed the plan, saying that thought the project could impact the nearby Globe Mill Brook.
The commission unanimously denied the application, despite expert testimony provided by the applicants saying the wetland would not be damaged.
Click here to read our previous story on the issue.
The Fanotto’s appealed the decision in Superior Court, but the court ruled in Seymour’s favor.
However, the Fanotto’s appealed that decision and, in June 2008, the state Appellate Court reversed the lower court’s decision.
The court then ordered the Inland Wetlands Commission to approve the project with conditions.
In September, the town appealed the case to the state Supreme Court, setting up a rubber match.
The court ruled against the town, saying the appellate court was accurate in ordering the town to approve the project.
CT Supreme Court Rules Against Seymour
“After examining the entire record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted,’’ according to the opinion of the court. “This appeal is dismissed.’’
New Haven attorney Tim Lee represented the town.
He said Friday he had not discussed the case with town officials, since Seymour Town Hall is closed on Fridays.
Lee said the case could have gone either way.
Hartford attorney Matt Ranelli, who represented the Fanotto family, said his clients were pleased with the decision of the court. He said there is no right of appeal since the court ruled in favor of his clients.
“The Fanottos were protective of the wetlands. They are now looking forward to working with the town in the future to move this plan forward,’’ Ranelli said.
