Верховный суд Коннектикута рассмотрит спор о запрете строительства огромного склада в Мидлбери

The Connecticut Supreme Court will hear arguments next week over a proposed 720,000-square-foot warehouse in Middlebury and a state law that could prevent the project from moving forward. Southford Park LLC wants to build the distribution complex on about 112 acres spanning two parcels at 764 Southford Road and 555 Christian Road, the latter the longtime home of Timex Group USA. The properties collectively contain about 7.7 acres of wetlands. At issue is how broadly courts should interpret a provision lawmakers added to state law in 2023 that restricts large warehouse and distribution projects in certain small towns. The law prohibits towns with populations between 6,000 and 8,000 from approving warehouses larger than 100,000 square feet when a project meets several conditions: The parcels total less than 150 acres, contain more than 5 acres of wetlands and are within 2 miles of an elementary school. Rep. William Pizzuto (R-Middlebury) during the 2023 legislative session secured the language in the budget bill with help from House Minority Leader Vincent Candelora and without the knowledge of then-First Selectman Edward B. St. John, who supported the project. After the law took effect, the property owners revised the lot line, shifting about 58 acres between the two parcels so that neither contained more than 5 acres of wetlands. Southford argued in Superior Court that the change was intended to comply with the law. Superior Court Judge John L. Cordani disagreed, writing that “a more apt description of the intent may have been to avoid the prohibition.” The Middlebury Small Town Alliance and neighboring property owners challenged the project’s zoning and wetlands approvals. In January 2025, Cordani sustained three consolidated appeals and overturned the approvals. The judge ruled that the law’s definition of a “facility” covers not only the warehouse buildings but also supporting structures, such as parking lots, driveways, utilities and drainage systems. Because an emergency driveway, detention basin and utility infrastructure would be built on the Christian Road parcel, Cordani found that the project spanned both parcels. Together, the parcels contained more than 5 acres of wetlands, meaning the law barred the project. Southford appealed the decision to the Appellate Court, but the Supreme Court transferred the case to itself. Southford argues Cordani interpreted the statute too broadly and that “facility” should refer to the warehouse buildings rather than every component of the development. Alternatively, Southford argues that if utility lines and easements are considered part of the facility, then an adjoining property known as Benson Woods should also be included. That would bring the overall acreage to 172 acres, putting the project outside the law’s reach. The justices also will decide whether the Middlebury Small Town Alliance had the legal right to bring its claims under the state’s environmental intervention law. The Supreme Court will not consider whether the 2023 law restricting certain large warehouse developments is constitutional. Southford and another property owner have raised that issue separately in federal court in a lawsuit against the town. Attorney Amy E. Souchuns of MacDermid, Reynolds & Glissman is scheduled to argue for Southford. Mary Mintel Miller of Reid and Riege will represent the alliance. Arguments are scheduled for 11 a.m. Sept. 10 before a five-justice panel.