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03/02/2017 03:12 PM

NB Bulk Propane: Court to Consider Temporary Injunction


Citizens Application Seeks to Prohibit Town Zoning Decision

A citizens' group has received a court date for a hearing on its request for a temporary injunction to prohibit the Town of North Branford from approving a site plan for a 60,000 gallon bulk propane facility at 40 Ciro Road.

North Branford attorney Peter White, on behalf of North Branford Citizens Against Bulk Propane Storage (NBCABPS) filed the application for a temporary injunction based on many of the same arguments the group has outlined in a separate law suit, brought in February. The law suit names the town, the Planning and Zoning Department and property owner/former Town Council member Donald Fucci as defendants (see the story here). 

The temporary injunction application names the Town of North Branford, North Branford Planning and Zoning Commission, applicant 2772 BPR LLC and Fucci as defendants. The defendants are required to show cause why a temporary injunction should not be issued.

The court has issued notification to the defendants that NBCAPB's request for a temporary injunction will be discussed during an appearance date of April 10. As described in the hearing notice, the court will conduct a conference with the applicant and the defendants (and/or their attorneys) on April 10, attempt to resolve issues, and, if needed, schedule another hearing date when witnesses can testify and evidence can be presented.

This latest effort by NBCABPS arrives just as the Planning and Zoning Commission resumes its review of the 40 Circo Road site plan application, beginning with a public hearing tonight, March 2, 7 p.m. at North Branford Intermediate School.