Weston Prevails in Legal Appeal 

Re: Decision of the US Court of Appeals for the Second Circuit in the Matter of Lost Trail, LLC v. Town of Weston

Weston, CT, August 11, 2008 - By its order of August 8, 2008, The United States Court of Appeals for the Second Circuit upheld a previous decision of the district court dismissing a law suit filed by Lost Trail, LLC, a limited liability company controlled by Weston resident Robert Walpuck. Mr. Walpuck's counsel, Robert Fuller, argued that the Town had violated his client's rights of equal protection and due process by declining to give the company building permits to build four new houses without subdivision approval. Attorney Fuller claimed that his client should be allowed to build on pre-existing lots and that no subdivision approval was required. The Court, however, declined to review plaintiff's claims that Weston officials had violated Mr. Walpuck's company's constitutional rights. It ruled that Lost Trail, LLC should have followed the advice of the Town Attorneys by submitting the plans for the development of its land holdings to either the jurisdiction of the Planning and Zoning Commission or the appellate authority of the Zoning Board of Appeals. By failing to do so, the Court ruled that the claims were not "ripe" for review.

Specifically, the Court said, " In sum, because we conclude that the district court correctly determined plaintiff's constitutional claims not to be ripe for review, the judgment of dismissal is AFFIRMED. "

The ruling of the Court of Appeals appears to put to an end the long standing claims of Mr. Walpuck and his companies, Lost Trail, LLC and Stones Trail, LLC that the Town Attorneys, the Zoning Enforcement Officer and the Planning and Zoning Commission members acted improperly in their collective position that the development of the property owned by these entities on both Georgetown Rd and Ladder Hill Rd requires local subdivision approval. Mr. Walpuck's claims go back to the late 90's but they have been rejected by both the present town attorneys Ken Bernhard and Pat Sullivan of Cohen and Wolf, PC, who were appointed in 2000, and previous special town counsel, Attorney Barry Hawkins of Shipman and Goodman, PC.

"Mr. Walpuck chose to ignore the good advice that my office gave him," said Town Attorney Ken Bernhard. "Had he submitted his plans to the Planning and Zoning Commission, I am confident he would have been given approval for most, if not all, of what he wanted to do. He has spent a great deal of money, and has cost the Weston taxpayers substantial legal fees advocating a position that, in my opinion, is untenable. To date, no court has agreed with him."

Cohen and Wolf, P.C. For more than half-a-century, Cohen and Wolf has represented businesses, individuals and municipalities in matters involving litigation, corporate and securities law, real estate, land use and zoning, tax, employment and labor, municipal law, personal injury, family law, estate planning, elder law and asset protection planning. The firm's team of nearly 50 experienced lawyers is based in its four Connecticut offices: Bridgeport, Danbury, Westport and Orange. For more information please visit: www.cohenandwolf.com.

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