Is a Lawsuit the Answer?

In response to the Planning & Zoning Commission's 4-3 decision to file a lawsuit against the town's legislative body, town officials plan to meet today to discuss the potential litigation and/or other ways to resolve the matter.

The meeting among commission chairman Ron Corwin, Town Attorney Ira Bloom, First Selectman Gordon Joseloff and Hadley Rose, moderator of the Representative Town Meeting, is not open to the public.

Some commissioners claim the RTM "violated rules and standards of land use decision making and deprived the commission of due process," when it reviewed and overturned a P&Z decision Jan. 13 that would have allowed first-floor offices in the town's Historic Design District Zone at Wilton and Post roads.

Rose said Friday the commission's decision to sue was "unreasonable" and a "dramatic overreaction."

First Selectman Gordon Joseloff, who could not be reached by phone Friday, reacted to the commission's decision by posting a blog entry on the town's Web site. 

In his posting, he called for a "meeting of the relevant parties to begin the process of clarifying how the RTM should carry out its responsibilities."

"Members of the P&Z are duly elected representatives and have broad experience in handling land use issues. It is important to note that they do not dispute the RTM's right to review some of their decisions," Joseloff's blog reads. "They may not like it, but that is not what they are disputing. They want to have the RTM review to be carried out much like their own review of land use decisions. This is an understandable request."

Rose said he agrees with reviewing the RTM's policies and procedures.

The RTM is not a land-use body and is not as conversant in the rules and regulations governing land use, he said. It's a "quirk" in the town charter that allows the RTM to review and overturn P&Z decisions, he said.

About 50 years ago, the law was created to serve as a check and balance and avoid political cronyism that could have resulted from the First Selectman appointing the Planning and Zoning Commissioners.

But now, P&Z members are elected so some say the need for the RTM to review the decisions of another legislative body is no longer necessary.

"I'm not 100 percent sure we should really have the right to oversee Planning and Zoning, frankly," Rose said. 

Rose said he plans to discuss with Town Attorney Ira Bloom what ground rules the RTM should be following when reviewing land use or zoning decisions. He said it was "unfortunate" the P&Z voted to file a lawsuit because their concerns can be discussed.

"I don't know that this contemplation of a lawsuit was really thought through all the way," Rose said. "I don't think they looked at the repercussions. Let's say they decide to sue and go through with it, what happens if they lose, which is most probable. Does that just open the door for more and more people to come to the RTM to overturn things? The second thing is ... they said until this is resolved they aren't going to do the town's business. How do you do that?"

When the commission voted to file a lawsuit, part of the resolution included a statement that the commission would not take action on any of its own text amendments or zoning changes until it was satisfied "the land-use decision making framework under which the RTM operates has been clarified."

When the RTM reviews a P&Z decision it is "standing in the shoes of the P&Z," commission chairman Ron Corwin said in a statement issued Sunday that was also signed by vice chairwoman Eleanor Lowenstein and secretary David Press.

Corwin welcomed Joseloff's call for a meeting among relevant parties to "clarify the guidelines for RTM land-use decisions."

"Our core concern has been to protect citizens' rights, including such things as the right to a fair hearing for petitioners, applicants, the public and the Planning and Zoning Commission (P&Z) under clearly defined, documented, and consistent rules and procedures for making land use decisions," Corwin's statement reads.

He concluded by saying the P&Z pledges "to work cooperatively."

Town attorney Ira Bloom — who advised the commission not to approve the decision to file a lawsuit against another town body — said today's meeting would address new rules the RTM might consider the next time it is asked to review a land-use decision.

He said he hopes the meeting results in ways to resolve the matter apart from bringing the issue to a courtroom.

"I hope we can do it quickly and that ultimately there will be no suit," Bloom said. "The meeting will plan out how we handle the next step."