MIDDLEBURY—A Middlebury developer has filed a multi-million dollar federal lawsuit against the town over its denial of a proposed 669,000 square-foot warehouse on the former Timex headquarters site.
David Drubner, principal at Southford Park LLC and co-plaintiff Route 188 LLC are seeking $27 million or more in the lawsuit, which was filed Dec. 18 in U.S. District Court. Southford Park is also the plaintiff in a Connecticut Appellate Court action expected to be heard in 2026.
In the federal suit, the plaintiffs names members of the board of selectmen, the zoning board of appeals and the zoning enforcement officer in their official capacity.
The suit claims that under the United States and Connecticut constitutions, state and local government representatives may not deliberately, arbitrarily target and block one particular land-use project while permitting similarly situated projects to go forward elsewhere.
The plaintiffs claim that is what occurred in this case, which came about as the result of a "rat" being inserted into a larger piece of legislation in 2023.
According to the complaint, state Rep. William Pizzuto who lives in Middlebury and owns a 3,500 square-foot home about 100 yards from the entrance to the Southford Road warehouse project slipped a provision into a pending two-year budget bill that had one purpose: to block the planned construction of the warehouse facility, which had already received preliminary approval from a town commission a few weeks earlier.
An effort to reach Pizzuto was unsuccessful. He has defended the legislative effort to block the construction in the past.
The suit alleges that the eleventh-hour provision slipped into the budget bill was not only drafted solely to block the warehouse project, but was also carefully, deliberately and arbitrarily worded to permit identically situated projects in nearby towns.
On June 12, Gov. Ned Lamont signed the budget bill, now known as Connecticut General Statute, 8-3m, into law.
On Nov. 19, according to the complaint, Middlebury’s zoning enforcement officer denied final approval of the Southford Road Warehouse Project, explaining that while the project was fully entitled to approval under all other applicable law, it could not be approved under 8-3m. At the same time, the suit alleges, an identically situated warehouse project was going forward in East Granby. That project has since been approved.
According to the complaint section 8-3m, both as enacted and as applied to the Southford Road Warehouse Project, is a blatant violation of the Equal Protection, Due Process, and Takings Clauses of the U.S. and Connecticut constitutions.
As a result, the suit alleges that the town's actions has caused Southford Park LLC lose up to 90 percent of its value. The suit claims that the Southford property, which was valued at $25 million, is now worth $2.5 million. The complaint adds that other entities of the Drubner family, which owns the property have already invested $14 million into the project.
Plaintiff Route 188 LLC also owns property in Middlebury and also seeks to construct a warehouse facility covered by section 8-3m. The suit alleges that the town’s refusal to provide required zoning approvals to projects that meet the criteria of section 8-3m has substantially reduced the value of property owned by Route 188 LLC, causing it at least $4.5 million in damages. Route 188 LLC is seeking equitable relief and monetary damages based on this violation of the Equal Protection, Due Process, and Takings Clauses, according to the complaint.
Middlebury First Selectwoman Jennifer Mahr was not immediately available for comment.
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