Thank you!
Your support is sustaining the future of local news in our communities.

Judge hears argument for ‘motion to dismiss’ Paley Farm case

SHARON — Attorneys representing the Connecticut Department of Agriculture and the current owners of Paley Farm argued that an ongoing injunction case should be dismissed at a preliminary hearing on Monday, Dec. 9. Judge Walter Menjivar has yet to rule.

The case surrounds DOAG’s decision to approve the landowners’ application to construct a residence on the protected farmland.

Sharon Land Trust and Carol Flaton brought the case to Torrington Superior Court in July when they filed an injunction request to block the construction, arguing that DOAG misapplied the language of the original easement in its approval decision.

The property at the center of the suit, a 187 acre parcel located at 135 Millerton Road, was put under a farmland protection easement in 1984 when retired farmer Morris Paley sold his development rights to the state through DOAG’s Farmland Preservation Program.

The easement bars the development of the land for purposes other than agriculture, but it allows for the construction of residences for “persons directly incidental to farm operation.”

In 2022, current owners David and Liza Bainbridge of Rye, New York, purchased the property and applied to DOAG for building approval. Their proposal included a two-story home, pool and outdoor spa, all of which were later approved in a letter from DOAG Commissioner Bryan Hurlburt.

Flaton and SLT contend that the approval decision ran afoul of the intent of the easement and constituted a misappropriation of public funds; the state paid today’s equivalent of about $900,000 for Paley’s development rights.

These arguments were not the focus of Monday’s hearing, however, which centered instead on the defendants’ motion to dismiss the case. The pivotal question was whether Flaton and SLT had legal standing to bring the suit in the first place.

Representing DOAG, attorney Gail Shane argued that the plaintiffs’ claims are not legally relevant under the doctrine of sovereign immunity, which holds that the state cannot be sued, in all but a few select cases, for conducting its given duties.

A memorandum prepared by the defense emphasized that the 1984 deed granted the state the “right to enforce the restrictions” on development, turning over sole responsibility for the deed’s future interpretation to DOAG staff.

Shane stated at the hearing that, without proof that Commissioner Hurlburt engaged in wrongful conduct to reach his approval decision, the plaintiff’s argument is “factually and legally” incorrect.

Adding to Shane’s argument, attorney Ken Slater emphasized that his clients, the Bainbridges, complied with DOAG’s construction application process and were duly approved by the department. He argued that the Bainbridges met the “incidental to farm operation” stipulation by laying out their plans to oversee continued farming on the land.

“We very much disagree that this isn’t going to be [dedicated] to agricultural use,” said Slater.

Shane and Slater also contended the plaintiffs’ standing, arguing that SLT and Flaton had not demonstrated that they were specifically and injuriously impacted by the construction.

While the plaintiffs’ initial complaint referenced SLT’s position abutting the property and the alteration of ridgeline views for hikers on SLT land, Shane asserted that the personal feelings of speculative hikers are irrelevant to SLT’s standing.

Slater meanwhile argued that Flaton’s position as a taxpayer and resident is insufficient to show standing, as any neighbor might disagree with how the house is built.

“It’s between the owner and the party that has the easement or the covenant over my clients’ land,” said Slater.

In his rebuttal, attorney Wilson Carroll, on behalf of the plaintiffs, contended that not only did Hurlburt’s decision constitute wrongful conduct, thus meeting an exception to the sovereign immunity doctrine, it also ran afoul of the public trust doctrine by misusing taxpayer dollars.

“This is a matter of significant public concern in Sharon and in the rest of the state right now,” said Carroll.

Carroll asserted that the “groundswell of public opposition” to DOAG’s decision legitimizes the plaintiffs’ standing as public representatives, and decried the lack of public oversight in DOAG’s easement interpretation process. To date, 485 people have signed a petition calling for stricter easement enforcement.

“The public has not ratified this [decision] in any way,” Carroll said.

Judge Menjivar has yet to rule on the case.

In a comment following the hearing, Slater said his client was “very happy that the hearing on the motion to dismiss was held” and that he is personally “very hopeful” the yuling will be in their favor.

SLT Board President Jennifer Dillon was less pleased with the hearing.

“We’re still just talking about these technicalities and not the merits of our argument,” she said. “I would love to get to a point where we can talk about the merits of the case.”

Flaton said that should the case be dismissed on standing technicalities, they plan to try again.

“We will simply refile. It will be much more straightforward,” said Flaton.

Latest News

Baseball, wine and jazz at Millbrook Winery

Bernie Williams and his Band of Friends at Millbrook Winery in 2025.

Provided

Throughout the history of Major League Baseball, precious few greats have been considered five-tool players. New York Yankee Bernie Williams was one of them.

To be considered a five tool player, one must show exceptional proficiency in five categories: hitting for average, hitting for power, running bases, fielding and arm strength. But there’s another tool Williams possesses that didn’t make it to the back of his baseball card: his mastery of jazz guitar.

Keep ReadingShow less
Lucky Orphans offers sanctuary for horses and healing for people

Deanna Hearn opened Lucky Orphans in 2003.

Provided
If horses could speak, Hearn believes they would offer just one piece of advice: “They’d tell us to slow down.”

From feeding retired racehorses before sunrise to guiding veterans, grieving parents and troubled teenagers through equine-assisted therapy sessions, Deanna Hearn rarely has a quiet day. As founder of Lucky Orphans Horse Rescue in Dover Plains, she oversees the care of more than 40 sanctuary horses while leading a nonprofit whose mission extends far beyond animal rescue.

What began as a childhood love of horses has evolved into a place where healing runs in both directions — for horses and for people. By the time you leave Lucky Orphans, it becomes clear that this place isn’t really about horses. The horses are simply how it begins. For Hearn, every rescued horse represents something much larger: hope, resilience, healing and second chances. The organization’s mission, she says, is simple: “People helping horses heal people.”

Keep ReadingShow less
Weekend in Norfolk returns for four days of art, music and community

A brass quintet at the Yale Music Shed at Weekend in Norfolk 2025.

Jennifer Almquist

Norfolk bursts with activity in midsummer with Weekend in Norfolk (WIN). An all-volunteer committee transforms the town with free public events for all ages. WIN 2026 begins Thursday, July 30, and runs through Sunday, Aug. 2.

Norfolk sculptor Jon Riedeman, the new head of Norfolk Artists and Friends (NAF), organized the group’s 19th annual art exhibition, featuring paintings, sculpture, photography and jewelry by area artists in the Art Barn on the grounds of the Norfolk Chamber Music Festival. Riedeman expanded the show this year by inviting artists from New Marlborough, Massachusetts, to participate. The exhibit opens with a reception Thursday, July 30, from 5 to 7 p.m.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Laurie Anderson brings four days of music, art and conversation to Tanglewood

Multimedia pioneer Laurie Anderson makes Tanglewood debut with a weekend of performances.

Ebru Yildiz

Musician, composer, performing artist and multimedia pioneer Laurie Anderson is one of the most influential and controversial figures in American contemporary and avant-garde arts. Her ambitious multimedia projects, encompassing music, film, visual projections, dance, and the spoken and written word, have enjoyed great public visibility, and Anderson has been recognized with many honors, including a Grammy Lifetime Achievement Award, as well as the Gold Medal for Music from the American Academy of Arts and Letters and this year’s Kyoto Prize for Arts and Philosophy in the field of music.

Anderson will make her Tanglewood debut in a series of special events and performances Aug. 13-16, along with longtime collaborators and special guests, giving audiences an opportunity to experience her groundbreaking and challenging work, which has been received with both acclaim and confusion for its wit, innovation and interdisciplinary scope.

Keep ReadingShow less
Campus mental health expert to speak at Sharon Book Signing
Author and psychiatrist Mathilde Ross offers help for students navigating campus mental health.
Marissa Fiorucci

As August looms, college students begin to think about the upcoming academic year. Concerns over roommate compatibility or maintaining good grades are common. But for some, mental health challenges can arise in the campus setting.

Author and psychiatrist Mathilde Ross deals with the subject in her book “How to Thrive at College: A Guide to the Ups and Downs of Mental Health on Campus.” Ross, the daughter of Cicily and Joseph Hajek of Sharon, will be among the writers featured at the Hotchkiss Library’s 28th annual Sharon Summer Book Signing on July 31 from 4:45 to 7:30 p.m.

Keep ReadingShow less

The art of bringing travel home

The art of bringing travel home
Bringing the taste of France home with a container of salt.
Kerri-Lee Mayland

Perhaps that’s why summer travel is so irresistible. It isn’t just the promise of sunshine or a change of scenery. It’s the chance to step outside our routines, notice how other people live, taste something we’ve never tasted before, discover a beautiful object made by local hands and come home just a little different than when we left.

The best trips don’t end at the airport or in the driveway. They continue in the way we cook, decorate, entertain and even dress. That’s why I always try to bring a little piece of wherever I’ve been home with me.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.