Friday, September 13, 2013

City Prevails in Armetta Zoning Litigation

The City of Middletown prevailed in the Armetta appeal that was pending in Middlesex Superior Court. The Plaintiff,  Phil Armetta, appealed the Commission's decision to grant Dainty Rubbish Service, Inc. a special exception to allow a solid waste disposable facility at the premises located at 80 Industrial Park Road.  In dismissing the appeal, Judge Domnarski found that the appellant failed to sustain his burden of proof that the Commission's action in the case was unreasonable, arbitrary or illegal.  A copy of the decision is a below.
Link to Armetta v Middletown Planning & Zoning Commission Decision

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