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Commission briefed on litigation over 99 Holly Lane; missing recording complicates defense
Summary
Commissioners were advised that Mountain Development Corporation has filed a trial brief appealing a commission decision on 99 Holly Lane; counsel noted a missing recording of one decision session and outlined briefing timelines and options including executive session for litigation strategy.
The commission received an update on pending litigation in which Mountain Development Corporation has sued the Stratford Inland Wetlands and Watercourses Commission over a decision relating to 99 Holly Lane. Counsel notified commissioners that the plaintiff’s trial brief asserts there is "no evidence in the record to support the commission's denial," and that the commission’s response brief is due in mid‑January.
Staff counsel explained the appeal is an administrative record appeal and that the court will evaluate whether substantial evidence supports the commission’s decision. Counsel acknowledged a missing recording of one decision session that could complicate the appellate record; staff said other meetings and hearing transcripts are recorded and available and that counsel will use the existing record to craft the commission’s response. Counsel advised commissioners to avoid public substantive exchanges about the case and offered to convene an executive session if commissioners wish to discuss litigation strategy.
Next steps: counsel will file the commission’s brief and return with recommendations; commissioners may invite the plaintiff’s counsel to speak at a future meeting if they wish, but public discussion is limited while the matter is pending.
