Frisch lawsuit hearing put off to September

A hearing on Patricia Frisch’s lawsuit against the Planning and Zoning Commission is now scheduled to be heard on Monday, Sept. 25, in Stamford Superior Court.

A judge granted a request by her attorneys to move the date from Aug. 21 to Sept. 25 to give them time to file an objection to a request by 183 Ridgefield Road LLC to be named an intervenor in the suit. Judge David Tobin issued his ruling on Aug. 18.

The request for intervenor status by 183 Ridgefield Road will be taken up in court on Aug. 28.

Since that initial request for intervenor status, made on Aug. 10, there have been a flurry of motions filed in court by all sides.

The motion to move the hearing to September was made on Aug. 15. The town’s attorneys objected on Aug. 16, but their motion was overruled on Aug. 18 by Tobin.

Motion to dismiss

The town also filed a motion to dismiss the case on Aug. 16, claiming the matter is moot since the Planning and Zoning Commission rescinded its amendments to the zoning regulations that allowed age-restricted housing, including an age-restricted overlay district (AROD), that is at the heart of the lawsuit.

The lawsuit seeks a declaration that the AROD is “null and void” since its adoption by the commission was improperly publicized. It also seeks to prevent the commission from accepting any application for age-restricted housing made as a result of the AROD regulation. Since there is now no age-restricted housing regulation on the town’s books, the matter is moot and the court cannot provide any further relief, the town’s attorneys said.

They claim the only purpose served by moving forward is to “either embarrass the Commission or to provide a forum for the Plaintiff to voice her displeasure at what she perceives to be a bad zoning decision.”