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CollectionCase closedConnecticut Superior Court, Middletown

Zamary et al. v. Budr Holding 3, LLC and Westbrook Zoning Commission

Seven Westbrook neighbors appealed the zoning commission's special permit for a Budr cannabis store at 755 Boston Post Road. Settled in March 2024 on terms the commission approved under C.G.S. § 8-8(n).

Source
Connecticut Superior Court, Middletown
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2

Docket: MMX-CV23-6036591-S (Middletown).

Status: CLOSED. Settlement approved and judgment entered March 20, 2024 (Judge Rupal Shah).

Parties. Plaintiffs Jack Zamary, David Russell, Jay and Donna Mulligan, Vincent and Lynne Catelotti and Peter Jaquay, all Westbrook property owners near the site. Defendants Budr Holding 3, LLC (the applicant), 755 Boston Post Road, LLC (the owner) and the Town of Westbrook Zoning Commission.

What the appeal says. The neighbors appealed the commission’s approval of special permit application ZC2022-017 for a cannabis retail establishment in an existing building at 755 Boston Post Road, claiming statutory and classical aggrievement.

What happened. Filed February 6, 2023. Budr and the commission answered in April and July 2023 and the commission returned an eight-part record. The plaintiffs moved to supplement the record in August 2023. On February 29, 2024 all parties filed a joint motion to approve a settlement agreement, which the commission had taken up at its February 26, 2024 meeting as § 8-8(n) requires. Judge Rupal Shah approved the settlement March 20, 2024 and judgment entered.

Documents below are published exactly as they appear on the Judicial Branch’s civil case look-up (civilinquiry.jud.ct.gov). The full docket for every case is public; CannaTimes publishes the leading complaint and the outcome documents, and describes the rest in the text above.

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