GROTON–The Connecticut Appellate Court has agreed to hear the appeal of Groton’s Inland Wetlands Agency against a New London Superior Court ruling in the Four Winds “residential life care community” case, lawyers have confirmed.
The IWA had voted April 27, 2005, to file a petition of certification seeking a hearing by the Appellate Court. Superior Court Joseph Purtill had ruled in favor of Massachusetts developer Ron Bonvie and against the IWA April 13, 2005. Judge Purtill overturned two IWA restrictions on Mr. Bonvie’s proposed development. The first restriction would have banned Mr. Bonvie from building a wetlands crossing, called Crossing C, near the northern border of the property. The second restriction would have required the developer to close the project’s interior road during the salamander mating season.
The right to appeal to the Appellate Court is not automatic in land use cases, but the IWA now has achieved the opportunity to be heard at the higher level.
The Appellate Court earlier, on June 22, 2005, had declined to hear GOSA’s appeals of Zoning Commission and IWA rulings on the Four Winds project. Still pending in Superior Court, New London, is GOSA’s appeal of the Planning Commission’s approval of the Four Winds site plan.