DeFilippo Toasts Booze Decision Pending Zoning Appeal

DeFilippo
Michael DeFilippo campaigns in front of Blackham School.

City zoners raised City Councilman Michael DeFilippo’s spirits in July when they halved the distance between liquor stores and schools, daycare facilities, hospitals and churches to 750 feet. The decision faced fierce opposition from liquor store owners and community leaders. Superior Court Judge Dale Radcliffe denied a temporary restraining order on the decision, but left the door open for appeals, as reported by CT Post scribe Brian Lockhart.

The change in the zoning regulations benefits City Councilman Michael DeFilippo, who with the support of Democratic Town Chairman Mario Testa, sought to open a liquor store on Brooklawn Avenue. DeFilippo’s initial application to open the store had been rejected because it fell within the 1,500-foot rule.

A judge has refused an immediate appeal of the city’s new liquor store zoning regulation that benefits a recently elected city councilman.

… “I find that as to the success on the merits that the appeal is credible, that the appeal is certainly far from frivolous,” Radcliffe said.

Full story here.

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8 comments

  1. We requested an injunction when the illegal takeover of the BBOE occurred. We ultimately won.

    In reading this I get the impression the appeal has some legs and that they may prevail on appeal.

    The BBOE was unanimous in their opposition to the new zoning requirements for liquor stores. These changes benefit those xonnected and the few. It certainly doesn’t benefit the many.

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  2. It’s nice to have the Union Bug on your lawn signs as well as the recycle bug, Steve Stafstrom, you are in violation of zoning when your signs are within the setbacks of the zoning regulations.
    I found only two of your signs in compliance. I kept the wire hoops for you and recycle those non-compliance signs.
    You don’t have to thank me. Yw

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  3. Maria, speaking from personal experience, and I’m sure Judge Lopez could attest too. Judge’s judgement can have nothing to do with right or wrong, Justice based on evidence or event our own laws the are created. Will righteous judgments and punishment be handed down, time will tell. On the bright side, they do get nice rooms. https://www.youtube.com/watch?v=DHRwo48twyE

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    1. The judge denied the appeal for injunction finding that there is no irreparable harm meaning that the appeal goes forward and if successful then the zoning rule would then be overturned. The judge was correct in that ruling. The proviso is that should the appeal be successful then the rule is overturned and any liquor store opening under that rule would be shut down. The judge said that the facts of the case have merit and we’re not frivolous. The appeal was not denied, only the request for an injunction against the zoning law. The appeal goes forward and in the interim Defilippo can apply to the city and the state to open his store but if the appeal is won then he will be forced to close. If people in the city are against the zoning rule then all it takes is a show of opposition to both the zoning board and the liquor commission. More to come.

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      1. And by the way: Ernie, Eneida, Kyle, Pete, Marcus et al etc. are you listening? If you care as I know you do then please get involved. It’s a chance to protect your constituents, your districts and your self respect. I know you want to do the right thing. More to come.

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