Grace Farms’ Neighbor Files Lawsuit Seeking To Reverse P&Z’s Approvals

Saying the Planning & Zoning Commission’s recent approvals of Grace Farms’ closely followed applications will hurt them financially and threaten residential zones in New Canaan, a neighbor of the Lukes Wood Road organization on Monday filed a lawsuit in state Superior Court seeking to reverse those decisions. According to complaints filed on behalf of Smith Ridge Road residents Timothy Curt and Dona Bissonnette by attorney David Sherwood of Glastonbury-based Moriarty, Paetzoid & Sherwood, the neighbors are “aggrieved by the action of” P&Z, because their property “is adversely affected by” changes to New Canaan’s zoning regulations. The lawsuit refers to amendments to the regulations that allow an applicant to seek multiple principal uses for their properties—something Grace Farms wanted in order to be categorized not only as a religious institution but also as a philanthropic agency and club. “The amendments allow applications for multiple principal uses in residential zones and encourage the expansion of commercial and institutional uses in residential zones, to the detriment of established residential uses,” according to the complaint. Further, the complaint says, the plaintiffs are “aggrieved” by P&Z’s decision because they’ve “suffered and will suffer economic damage as a result of the regulation changes and their implementation on the abutting property of Grace Farms Foundation Inc.”

The neighbors are seeking for the court to reverse P&Z decision on the text changes—as well as to nullify the commission’s approval of Grace Farms’ amended special permit application—and to be awarded costs and “such other relief as the court deems appropriate.”

P&Z by a 5-4 margin approved the text amendment application at its July 25 meeting.