Propaganda From Enfield Town Attorney & Friends

[Circulated 9/22/06]

INFORMATION REGARDING LAWSUITS RELATED TO

THE FELICIAN SISTERS

AND THE MONTESSORI SCHOOL


EDITOR’S NOTE: The Cool Justice Report has received a tip that this purported legal document is yet another result of work being farmed out to law firms at great cost to local taxpayers. The alleged author is a former Sgt. Schultz, a graduate of the “I see nothing, I hear nothing, I know nothing” School of Law. Special thanks to Deep Connole in running this down. Schultz, it is said, would like to be a town attorney himself someday. We think he is a natural for the job in Enfield under the current regime. Stay tuned for further developments.


GENERAL INFORMATION ON LAND USE BOARDS

Pursuant to the Connecticut General Statutes ("C.G.S."), the Town Council establishes a Planning Commission (C.G.S. §8-19), a Zoning Commission (C.G.S. §8-1), or combined Planning & Zoning Commission, and a Zoning Board of Appeals (C.G.S. §8-5). The specifics of the Council's statutory authority for these appointments are outlined in the Charter, Chapter V, §§2 and 3. Once the Council has appointed the members of these commissions, its job is done. The Council cannot interfere with the authority conferred on these boards/commissions by the State; nor can the Charter overrule state law in this area.

GENERAL INFORMATION ON PENDING MONTESSORI CASES

· Neither of the pending cases concerns the right of the Felician Sisters to operate a Montessori School.

· Like all other property owners and residents, the School must comply with Town ordinances. Examples being discussed as somehow similar to this case, but treated differently, do not reflect that those establishments have complied with requirements for proper permitting.

· The Town Council is not a party to either of these cases, nor can the Council preclude one land use board from suing another.

· Felician Sisters, et al. v. Enfield Historic District Commission, was commenced by the Felician Sisters and the Montessori School against the Historic District Commission.

o The Superior Court ruled that the Historic District Commission acted appropriately in considering the School's application. See attached case or link to www.jud.state.ct.us to locate case history.

o Under state law, the Historic District Commission does not determine issues of child safety nor of the safety of the area in general.

o The right of the Montessori School to operate is not an issue.

o The case is presently on appeal to the Appellate Court which will not be resolved before next year.

· Planning & Zoning Commission, et al. v. Zoning Board of Appeals, et al., stems from a Cease and Desist Order issued by the Zoning Enforcement Officer ("ZEO") regarding the graveled parking area at the Montessori School.

o The Felician Sisters appealed the Order to the Zoning Board of Appeals ("ZBA"), which overturned the ZEO's Order.

o Believing that its own regulations had been ignored, the PZC then appealed the ZBA's decision to the Superior Court. The PZC has a duty under state statute to ensure that its regulations are observed and enforced.

o The right of the Montessori School to operate is not an issue.

o The "safety" of the area or of the children was never an issue before the ZEO or the ZBA.

o The case was heard on September 12, 2006 and a decision must be rendered by January 10, 2007.

COUNSEL FOR LAND USE BOARDS

While the Town Attorney's Office typically represents both the PZC and the ZBA, it is a conflict of interest to represent either one of them when they sue one another. Because of this conflict, outside counsel had to be retained by each land use board. In such cases, the Town Council has an obligation to fund legal fees of boards/commissions in the good faith exercise of their statutory duties.

The attorneys representing the PZC and the ZBA, respectively, in this litigation are listed below. Specific questions should be directed to them.

Counsel for PZC:
Attorney Matt Willis
Branse & Willis
148 Eastern Boulevard, Suite 301
Glastonbury, CT 06033
Phone: 860.659.3735

Counsel for ZBA:
Attorney Vincent Oswecki
O'Malley, Deneen, Leary, Messina & Oswecki
20 Maple Avenue
P.O. Box 504
Windsor, CT 06095
Phone: 860.688.8505

K: Town Council/HDC Website Bullets/IT Version/9-22-06