Matt Kobyluck, through his company , is taking the Town of Waterford to court.
In December, the Waterford Planning and Zoning Commission that prohibit which is to quarry stone for at least five years and build a stone-processing facility. The new regulations prohibit stone processing facilities and restrict all excavation projects to fewer than two years.
Kobyluck is appealing that decision after the company filed a complaint in New London Superior Court. The complaint, written by attorney Kari Olson of Murtha Cullina LLP, alleges the town did not protect the property value of 28 Industrial Drive in violation of state law, the zoning amendments are not consistent with , the planning commission’s action was “capricious, unreasonable and illegal,” and because the commission’s action “was based on improper motives and for an improper purpose; namely, to specifically preclude (Kobyluck’s) proposed project.”
Despite the lawsuit, Kobyluck’s application to install a stone-processing facility at 28 Industrial Drive is still being deliberated on by the Planning and Zoning Commission and the Conservation Commission. The new zoning amendments weren’t passed until Dec. 19, weeks after Kobyluck resubmitted an application for his processing facility, and therefore does not come into play while reviewing his application.
At the last meeting, , the first time the commission had to hire a third party to review an application, according to Chairman Gary Johnson.
Long History
This is not the first time Kobyluck has taken a town to court over a decision on zoning. Kobyluck also had or is in the middle of legal disputes with , Montville and Canterbury.
to install a stone processing facility, and at public hearings pointed out the company’s history of previous problems in other towns. Waterford State Rep. Betsy Ritter and State Sen. Andrea Stillman joined the charge, both saying Kobyluck .
More About The Case
During public hearings on the new zoning amendments in December, Matt Kobyluck was the only member of the public to speak against the changes. Kobyluck said the amendments denied his “constitutional right to due process,” and said the town should regulate uses, not eliminate them.
In his complaint, Kobyluck brings up new arguments. For one, he alleges the town never notified him of the proposed zoning amendments, despite knowing he was spending money to put together a plan that would be directly affected if they were passed.
Kobyluck also alleges that the town passed the regulations for the sole purpose of prohibiting his exact plan.
The company is asking the court to uphold the appeal, that the town repay Kobyluck for costs and monetary damages and "other such relief as may be equitable and appropiate."
What Happens Now
For the appeal, the town and Kobyluck will submit briefs to a judge, according to Waterford Planning Director Tom Wagner. Then the judge will decide if the Planning and Zoning Commission’s decision was “well founded,” according to Wagner.
Wagner refused comment on the appeal, saying it was pending litigation and he “wasn’t in a position to comment.” Matt Kobyluck did not return a call by Patch asking for comment.
