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Cooke Suit Against Branford Officials: Summary Judgements Granted in Part, Denied in Part for Defendants

In connection with a law suit stemming back to 2019 filed by Branford property owner Wayne Cooke, court rulings and orders on the defendants’ motion for summary judgments were filed on Dec. 8 regarding former Town officials’ handling of a withdrawn Costco application.

In a 26-page document providing background and reasons, the U.S. District Court, Connecticut District response to the defendants’ motion for a summary judgment was granted in part and denied in part.

In 2019, Cooke filed a suit saying actions by officials of the Town of Branford led to a decision by Costco to withdraw its application to build on his family property off I-95 at Exit 56 in 2016.

An amended suit reviewed by the court for the Dec. 8 filing names as plaintiffs Cooke, in his individual capacity and in his capacity as trustee of the Wayne Cooke Family Trust, and the NF&W Cooke Limited Partnership.

The plaintiffs brought action against former Inland Wetlands and Watercourses Agency (IWWA) chairman Daniel Shapiro, and former Branford Inland Environmental Director Diana Ross, both in their official capacities and individually. Specifically, the plaintiffs allege four claims against the defendants: a First Amendment retaliation claim, an equal protection claim, a tortious interference with business expectancies claim, and a civil conspiracy claim.

The plaintiffs claim Shapiro and Ross denied, or played a role in denying, an application for the development of property, located at 573 East Main Street, in violation of federal constitutional rights, and rights under Connecticut law.

Following the close of discovery, on April 28, 2023, the defendants moved for summary judgment to all of Cooke’s claims.

The defendants’ motion was granted for summary judgement as to the equal protection claim. The court denied the defendants’ motions for summary judgements for the First Amendment retaliation claim, the tortious interference with business expectancies claim and the civil conspiracy claim.

The original law suit had also named Cheshire-based engineering consultant firm Milone & MacBroom Inc. (MMI), as a defendant for tortious interference and civil conspiracy. The firm filed for the dismissal based on lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. MMI was dismissed by the court in December, 2019.

News of plans for Costco to open a Branford location first arose in 2015, when Orchard Hill Partners LLC, 595 Corporate Circle and Costco filed a Planned Development District (master plan) application to build on properties including the Cooke/Harrison Family Partnership at 573 East Main St., on land to be developed off I-95 at Exit 56. The PDD application was approved by the Branford Planning and Zoning Commission. Next, the Costco site plan application was submitted to Branford IWWA. The IWWA selected MMI to conduct an independent peer review of the application.

On April 26, 2016, counsel for Costco withdrew Costco’s IWWA application, stating in a letter: “We have previously expressed to the Commission specific concerns about the manner in which this application has been reviewed and processed by wetlands staff. Although we continue to believe that the record is very clear that the pending application fully complies with all applicable regulations and state guidance documents, we remain concerned that the important issues Costco has raised have not been fully resolved. Accordingly, Costco Wholesale Corporation respectfully withdraws the pending inland wetlands permit application IW#15.11.01, effective immediately.”