McCallum Enterprises, I, L.P. et al. v. City of Shelton Planning and Zoning Commission (2010)

MEMORANDUM OF DECISION RE PLAINTIFF'S AMENDED MOTION TO SUPPLEMENT THE RECORD # 110 & MOTION FOR EXTENSION OF TIME # 111

The amended motion to supplement the record (# 110) filed by the plaintiffs, McCallum Enterprises I, L.P. and The Shelton Canal Company is hereby granted, and the objection to the amended motion to supplement the record filed by the defendant, city of Shelton Planning & Zoning Commission, is overruled.   Although the plaintiff's original motion to supplement the record (# 103) constituted an overly burdensome discovery request that was previously denied by order of this court, the amended motion is sufficiently narrow and specific.   In their complaint, the plaintiffs allege that, prior to their hearing before the defendant, it was influenced to their detriment by the mayor of the city of Shelton and other city officials.   The court finds that the plaintiffs have met their burden of demonstrating that the defendant was predetermined in advance of the hearing, as contemplated by the Appellate Court in Parslow v. Zoning Board of Appeals, 110 Conn.App. 349, 355-56, 954 A.2d 275 (2008).   The amended motion to supplement the record is therefore granted.   The plaintiff is permitted to depose Anthony Pogoda, Richard Schultz and Teresa Gallagher in order to supplement the record on appeal.   In addition, the court finds that the plaintiff is entitled to supplement the record with the series of emails attached to their motion as Exhibit A.

The plaintiffs' motion for extension of time (# 111), made pursuant to Practice Book § 14-7, is also granted.   The plaintiff is afforded a thirty-day extension of time that will run from the date of the completion of the depositions described above.

The Court

By Rodriguez, J.

Rodriguez, Eddie, J.