Cases
Representative Matter: Larry Weisman
Ann Catino Obtain Favorable Decision From Westport Planning
Zoning Commission
Larry Weisman
Ann Catino recently obtained a favorable decision from the Westport Planning
Zoning Commission, which voted to approve construction of a new 102,000 square foot Westport Weston Family Y on a 32 acre parcel adjacent to the Merritt Parkway
bordered by the Saugatuck River. Eric Bernheim also assisted in this matter. This final decision followed approvals from various town bodies
the Connecticut DEP, as well as many hours of hearings
deliberations by the Planning
Zoning Commission. This was the longest application in the history the Commission.H & S Obtains Approval for an On-Site Wastewater Treatment System
Larry Weisman
Ann Catino recently obtained a favorable ruling from the Department of Environmental Protection (DEP) for an on-site wastewater treatment system. The decision recommended approval of an application for an engineered sub-surface system with a design capacity of 34,000 gallons per day to support a proposed 102,000 square foot new YMCA facility serving the Towns of Westport
Weston, CT. A tentative determination regarding the application was originally issued in May, 2006, but upon receipt of a petition,extensive, contested public hearings were held. After considering the testimony
information offered at the hearings
evaluating the merits of the project, the DEP hearing officer concluded that the discharge that would result if the installation were to receive a permit would adequately protect the waters of the state. A complete copy of the ruling can be accessed here. Moss v. Foster, 96 Conn. App. 369, 900 A.2d 548 (2006)
This case involves the enforcement of old deed restrictions between property owners on a hill overlooking Long Isl
Sound. The disputed deed restrictions concern trees
plantings that may obstruct views of the Sound. Halloran & Sage took over the case after the trial court dismissed it for insufficient evidence. On appeal we obtained an order for new trial based on arguments derived from the limited evidence in the record. Friedman v. Donenfeld, 92 Conn.App. 33, 882 A.2d 1286 (2005) cert. denied, 276 Conn. 930, 889 A.2d 817 (2005)
Halloran & Sage successfully defended this action brought by attempted purchasers of commercial waterfront property against the owner. The plaintiffs sought specific performance of an alleged sales contract
breach of the implied covenant of good faith
fair dealing. On appeal, the Appellate Court upheld the trial court's conclusion that a binder agreement signed by the parties was not itself a binding contract for the sale of the property.