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

Roomful of Blues set for April 17 show at Infinity Hall in Norfolk
Photo provided

NORFOLK –Roomful of Blues, the Rhode Island-based band hailed by DownBeat magazine as being “in a class by themselves,” will bring its mix of blues, jump, swing, boogie-woogie and soul to Infinity Hall in Norfolk on Friday, April 17, at 8 p.m.

The long-running group, formed in 1967, is touring behind its Alligator Records album Steppin’ Out!, released in late 2025.

Keep ReadingShow less

Robert E. Stapf Sr.

Robert E. Stapf Sr.

MILLERTON — Robert E. Stapf Sr. (Bobbo), a devoted husband, loving father, grandfather, great grandfather, brother and friend to many, passed away peacefully on April 9, 2026, at the age of 77, happily at home surrounded by lots and lots of love and with the best care ever.

Bob was born Jan. 16, 1949, to the late Peter and Dorothy (Fountain) Stapf. He began working at an early age, met his forever love, Sandy, in 7th grade and later graduated from Pine Plains Central School.

Keep ReadingShow less

Michael Joseph Carabine

Michael Joseph Carabine

SHARON — Michael Joseph Carabine, 81, of Sharon, Connecticut, passed away on the morning of Friday, April 3, 2026, at Bryn Mawr Hospital in Bryn Mawr, Pennsylvania. He was the beloved husband of the late Angela Derrico Carabine and loving father to Caitlin Carabine McLean.

Michael was born on April 23, 1944, in Bronx, New York. He was the son of the late Thomas and Kathleen Carabine of New York.

Keep ReadingShow less
google preferred source

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

Chion Wolf brings ‘Audacious’ radio show to Winsted with show-and-tell event
Nils Johnson, co-founder and president of The Little Red Barn Brewers in Winsted, hosted Chion Wolf and her Connecticut Public show “Audacious LIVE: Show and Tell,” which was broadcast on April 8, drawing a sold-out crowd.
Jennifer Almquist

The parking lot of The Little Red Barn Brewers in Winsted was full on Wednesday, April 8, as more than 100 people from 43 Connecticut towns — including New Haven and Vernon — arrived carrying personal treasures for a live taping of “Audacious LIVE Show & Tell.”

Chion Wolf, host and producer of Connecticut Public’s “Audacious,” and her crew, led by production manager Maegn Boone, brought the program to the packed brewery for an evening of story-driven conversation and shared keepsakes.

Keep ReadingShow less
Marge Parkhurst, the preservation detective

Marge Parkhurst with a collection of historic nails recovered from wall cavities during restoration work.

Photo courtesy of Marge Parkhurst/Cottage & Country Painting Company
Walls still surprise me. If you look hard enough, you can find buried treasure.
Marge Parkhurst

After nearly 50 years of painting some of Litchfield County’s oldest homes and landmark properties, Marge Parkhurst has developed an eye for the past—reading the clues left behind in stenciled vines, forgotten bottles and newspapers tucked into walls, each revealing a small but vivid piece of Connecticut history.

Parkhurst was stripping wallpaper in a farmhouse in Colebrook — the kind of historic home she has spent decades restoring — when she noticed something odd. Three layers of paper had already come off — each one a different era’s idea of decoration — and beneath them, just barely visible under dull, off-white plaster, a pattern emerged.

Keep ReadingShow less
Wings of Spring performance at the Mahaiwe Theater
Adam Golka
Provided

On Sunday, April 19, at 4 p.m., Close Encounters With Music (CEWM) presents On the Wings of Song at the Mahaiwe Performing Arts Center in Great Barrington.

The program focuses on Robert Schumann’s spellbinding song cycle Dichterliebe (“A Poet’s Love”), a setting of sixteen poems by Heinrich Heine that explores love, longing, and the redemptive power of beauty. Featured artists include John Moore, baritone; Adam Golka, pianist; Miranda Cuckson, viola; and Yehuda Hanani, cello.

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.