MIDDLEBURY — A local neighborhood group is suing the town over its approval of a 171,600-square-foot industrial warehouse off Straits Turnpike, which residents fear could adversely alter the community’s small-town charm.
The lawsuit filed by the Middlebury Small Town Alliance at state Superior Court in Waterbury on April 22 is the second such case brought by the group in the past year.
Both cases are near carbon copies, each involving large industrial warehouses or distribution centers. Both sites are owned by Timex, which is looking to sell off its properties and close operations in Middlebury.
This most recent lawsuit requests that the court reverse the Middlebury Planning & Zoning Commission’s April 3 approval of Middlebury Land Development’s application to build a warehouse on 20 acres at 1535 Straits Turnpike.
Middlebury Land Development is Timex’s real estate subsidiary.
The lawsuit claims the commission wrongly approved the plan by ignoring its own regulations, which permit warehouses only for the storage of products manufactured on-site.
However, town officials say the regulation was not intended to restrict the storage of new products, even if they are not actually produced on the premises. Its main purpose, they say, is to prevent warehouses that store things “not produced in conjunction with a manufacturing facility,” for example, garbage or recycling materials.
In a statement, the Small Town Alliance said it opposed the commission’s position that the application deserved approval because of precedent set in past cases.
“Rules are rules,” the statement said, “and, because the commission wrongly interpreted its own rules in the past, it does not mean it can continue to do so in the future.”
This most recent lawsuit mirrors the one filed by the same group last year that opposed the town’s 2024 approval for the construction of a much-larger, 750,000-square-foot distribution center at the former Timex world headquarters property off Christian Road.
In that case, the Small Town Alliance was victorious after a judge ruled the town unlawfully approved Southford Park, LLC’s application, based in part, on a new state statute put in by State Rep. Willam Pizzuto, R-Middlebury, that restricts the size of a commercial building in small towns to 100,000 square feet.
"It gets expensive," said Middlebury First Selectman Ed St. John, noting the town must now deal with a whole new set of legal fees, which, St. John added, the town’s has a responsibility to defend.
“This is just another big legal bill for the town,” St. John said. “I reduced all of our legal expenses in next’s year’s budget. This blew the hell out of that. We’re going to have to put the money back in the account. Nobody wins when there’s lawsuits.”
Selectman Jennifer Mahr, who is also a member of the Small Town Alliance, is facing a complaint filed with the town’s Ethics Commission over her involvement in the previous lawsuit against the town. In that case, the complaint alleges that Mahr had a conflict of interest when she suggested the town not defend itself against the lawsuit she was involved in filing.
Mahr is also part of this latest lawsuit, pointing out that now, for the second time, residents must once again challenge a decision that is not consistent with the regulations.
Mahr said her group is suing to hold town officials accountable for decisions that don't comply with regulations, and that are not supported by what Middlebury residents want their town to look like.
St. John has been vocal in his frustrations with the current political strife, but said the bigger story is the number of former corporate sites in Middlebury that now sit vacant.
“The bottom line is we now have no interest in our revenue-generating properties. We used to have five corporations here and now we have none.”
A hearing on this most recent lawsuit is scheduled for May 27 at state Superior Court in Waterbury.
Meanwhile, the case involving the proposed 750,000-square-foot warehouse off Christian Road remains active with Southford Park now taking its case to the Connecticut appellate courts.
The Small Town Alliance said Southford Park’s continued push through the courts is precisely the point of its lawsuit involving 1535 Straits Turnpike, suggesting it is likely a “test case” for what could happen with Southford Park “should the Appellate Court deny that appeal.”
“The continued willingness to sidestep any and all regulations to force this type of development on Middlebury is unacceptable, and we'll continue to stand firm,” the statement said.
Middlebury resident Edwin Durgy said it appears his town has become an attractive town for companies looking to construct massive distribution centers, so big they can be measured in acres rather than square feet.
“We are at an existential inflection point, and the decisions that are made in the coming months will determine fundamentally what Middlebury looks like for decades to come,” Durgy said.