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

Early morning Kent crash sends car into ditch, disrupts traffic on Rt. 341

A blue SUV remains in a ditch after an early-morning crash along Segar Mountain Road in Kent May 27.

Ruth Epstein

KENT – A driver escaped with minor injuries after an SUV crashed into a utility pole and water line before rolling into a ditch along Segar Mountain Road early Wednesday morning, May 27, disrupting traffic for much of the day and affecting water service to a nearby residence.

The single-vehicle crash occurred around 4:30 a.m. near 36 Segar Mountain Road, just under half a mile east of the intersection with South Kent Road. State police said the blue SUV struck the pole, went over a guardrail and came to stop in a roadside ditch.

Keep ReadingShow less

Pauline King Garfield

Pauline King Garfield

EAST CANAAN — Pauline K. (King) Garfield, 94 of 77 South Canaan Rd. formerly of East Canaan, died Sunday May 24, 2026, at Geer Village.She was the wife of the late Duane Garfield who passed August 14, 2017. Pauline was born April 3, 1932 in North Canaan, CT in the former Geer Hospital. She was the daughter of the late Charles and Rose (Van Vlack) King.

Pauline spent her career at Becton Dickinson in Canaan, after being a stay-at-home mother for many years.She was employed at Becton Dickinson for 23 years. She enjoyed bus trips with her late husband Duane to the Casinos, spending time with her family watching the grandchildren grow up. Recently she made a comment to care givers that was “wait until I see that husband of mine for leaving me here, I am going to read him the riot act.” Over the years she enjoyed many crafts, but her favorite was crocheting gifts for everyone.

Keep ReadingShow less
A blessing for pets — and a lifeline for their health
Lazarus, a Eurasian eagle owl, poses with Dr. Laura, his longtime handler. The rescue raptor — known as the event’s “wow factor” for his striking presence and six-foot wingspan — will appear as the Raptor Ambassador at Rhinebeck’s Blessing of the Animals.
provided

For many pet owners, animals are family. On Saturday, May 30, that bond will be celebrated in a uniquely practical and heartfelt way when the Blessing of the Animals returns to Third Lutheran Evangelical Church in Rhinebeck alongside a free rabies vaccination clinic hosted by Hudson Valley Animal Rescue & Sanctuary.

The event, scheduled from noon to 4 p.m., is free for Dutchess County residents and open to dogs, cats and domestic ferrets three months and older. While the clinic itself provides an important public health service, organizers say the day has become about much more than vaccinations.

Keep ReadingShow less
google preferred source

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

Local filmmaker Yonah Sadeh takes his lens to China

Filmmaker Yonah Sadeh on a shoot last year in New York City.

Matt Kashtan
When I was around 12, a family friend showed me how to use my family’s computer...from that point on, it was pretty much all movies. — Yonah Sadeh

Filmmaker Yonah Sadeh of Falls Village left May 8 for China, where he will shoot a short documentary.

“I got into a documentary film intensive program where we have two weeks to shoot, edit and screen a 10-minute documentary about a topic of our choosing,” he said.“I’ll be in Changsha, Hunan, making a film about a fifth-generation shadow puppet master.”

Keep ReadingShow less
Silvano Monasterios wows packed Cornwall Town Hall audience

Silvano Monasterios thrilled a sold out audience in Cornwall.

Natalia Zukerman

Grammy-nominated pianist, composer and producer Silvano Monasterios performed works from his upcoming “Solo in Paris,” his seventh album, on Sunday, May 23 at Cornwall Town Hall to a packed audience. Presented by Music Mountain in partnership with the Cornwall Town Hall and Cornwall Library, the concert showcased Monasterios’ signature fusion of sophisticated jazz harmonies and vibrant Latin rhythms. Throughout the performance, he moved seamlessly between intricate compositions and spontaneous improvisation. The concert built excitement for Music Mountain’s upcoming summer jazz series, which will bring an array of acclaimed performers to the historic venue. For more information, visit musicmountain.org

Author Courtney Maum to discuss new novel at Norfolk Library

Norfolk Library celebrates the release of Courtney Maum’s latest novel, “Alan Opts Out,” with a book launch party Tuesday, June 2, at 5:30 p.m. The author will speak about her book in conversation with WAMC radio producer Sarah LaDuke.

A graduate of Brown University with a degree in comparative literature, Maum is an acclaimed author of five books, including the romantic comedy “Touch,” a New York Times Editors’ Choice and NPR Best Book of the Year; “Costalegre;” and “I’m Having So Much Fun Without You.” Her memoir, “The Year of the Horses,” was chosen by the TODAY show as top pick for Mental Health Awareness Month. Vanity Fair listed her author’s guidebook “Before and After the Book Deal,” as a best resource for writers, and she has an eponymous Substack newsletter.

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.