WALLINGFORD — The town has filed a motion to dismiss a Bristol-Myers Squibb lawsuit challenging a zoning change that the company said blocked a potential sale of its 180-acre site.
The town’s motion, filed Feb. 22 in Hartford Superior Court, argues Bristol-Myers is no longer aggrieved by the Planning & Zoning Commission’s decision because the company sold its property earlier this month to a Massachusetts-based real estate firm, Calare Properties.
“You have to be aggrieved throughout the entire appeal and they don't own the property anymore, so they're not aggrieved,” Corporation Counsel Janis Small said Monday.
Bristol-Myers filed the lawsuit to appeal a zoning change that the company said prevented a sale of its property to a boarding school. The company has declined to name the school or the terms of the potential sale.
Bristol-Myers will leave the Wallingford site by the end of 2018.
The Planning & Zoning Commission voted in February 2017 to eliminate education, religion and philanthropy as acceptable land uses in the industrial zone where Bristol-Myers’ property is located. Bristol-Myers said the change was made to prevent the sale.
Bristol-Myers spokeswoman Lisa McCormick Lavery said the company has no comment on the town’s motion. Calare Properties also could not be reached for comment Monday.
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