Firetree, Ltd. et al v. Norwalk et al

Filing 177

ORDER: As discussed in today's telephonic conference, the Court will hold a hearing Monday, 12/23/19 at 10:00 a.m. to consider the parties' proposed settlement in accordance with Conn. Gen. Stat. § 8-8(n). At the hearing, the Court w ill ask the parties briefly to describe the negotiations leading up to the settlement, the various consideration involved, and the monetary compensation to be paid in connection with the withdrawal of the zoning appeal. During the call, the parties pointed out that if this appeal were in Connecticut state court, it would be governed by Practice Book § 14-7B, which would require no notice or hearing other than this notice and the hearing to be held before the Court on Monday. Spec ifically, under that provision, the City's zoning board would not be required to give notice or hold a hearing because the settlement contemplates no modification of the zoning decision being challenged; under the proposed settlement, that decis ion will stand and the appeal will be withdrawn. Although this Practice Book provision is not binding on this Court, I see no reason not to follow it in this case in light of the information concerning the proposed settlement the parties have provid ed to the Court, which is attached hereto. So I decline to order any notice of the settlement other than this notice or any hearing on the settlement other than the one to be held before the Court on Monday. Signed by Judge Michael P. Shea on 12/19/19. (Constantine, A.)

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