Stew Leonard's Dairy Store lost another round in its battle to construct more parking spaces at its Federal Road store.
A Superior Court judge on Nov. 2 ruled in favor of the city of Danbury, which doesn't want the new spaces. City officials said the spaces would destroy an endangered habitat nearby.
City lawyer Dan Casagrande said the city is very happy with the ruling.
"The court appropriately found that the city's Environmental Impact Commission had conducted a thorough and exhaustive hearing on the merits of the application and found on balance that there would be harm to the wetlands if the overflow parking lot was constructed and that Stew Leonard's had simply not shown that its proposal was the only feasible and prudent alternative," Casagrande said.
The city's Environmental Impact Commission rejected the plan for more parking in April 2004.
Meanwhile, the attorney for Stew Leonard's said there may be an appeal of the ruling.
"Obviously, we're disappointed in the ruling. We are recommending to the client to appeal the matter further to the Connecticut appellate court," Ward Mazzucco said. "The expert that the city consulted in the course of the application found very little to complain about with the Stew's plan and it's unfortunate that the commission denied the plan, even though their own experts found it largely satisfactory."
In his ruling, Superior Court Judge Douglas Mintz said there is "substantial evidence" to support the EIC's finding that building a parking lot on the wetlands "would have a significant impact to the wetland soils and to the adjoining wetland habitats."
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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
