Dear Property Owner:

The South Lyme Property Owners Association and several individual Old Lyme property owners have commenced a civil action in the Superior Court of New London challenging the Town of Old Lyme Zoning Regulations and efforts of certain town officials to restrict the use of residentially zoned property to seasonal use only. The Association, comprised of hundreds of Old Lyme property owners, seeks a ruling from the Superior Court that the zoning regulations that limit the use of residential properties to only several months of the year violate the State and Federal Constitutions and state law. The suit also claims that efforts by Town officials to restrict property use have infringed on their Constitutional and private property rights.

The suit also seeks a temporary injunction to halt efforts by the Town Zoning Enforcement Officer and other town officials and agencies from continuing efforts to declare certain properties as "seasonal use only" while the challenge to the validity of the seasonal zoning regulations is pending.

Shortly after the complaint was filed in the New London Superior Court, the case was moved from the Connecticut Superior Court in New London to the United States District Court in New Haven. The case was moved to the federal court at the request of the defendants, the Town of Old Lyme and several town officials. A case filed in state court can be automatically removed to the federal court by the request of one or more parties if the case includes claims under federal law.

The case has been assigned to Judge Ellen Bree Burns. Judge Burns entered a scheduling order requiring the parties to complete pretrial discovery before the end of the summer. Depending on the court's docket schedule, a trial on the merits may occur as early as this fall.

Last month, Judge Burns held a hearing on the request for a temporary injunction to halt the town's systematic seasonal determinations until the case is tried on the merits. If granted, the injunction would not prevent property owners from asking for a seasonal use determination from the Zoning Enforcement Officer or prevent the Zoning Enforcement Officer from making a seasonal use determination if a zoning permit or building permit is filed by a property owner.

The court heard over two days of testimony. When asked about the reason for the seasonal regulations, a representative of the Planning and Zoning Commission, Jane Marsh, testified that the regulations restricting year round use was adopted to maintain the "rural character" of the town and to protect Long Island Sound and drinking water supplies. Other witnesses presented by the Town suggested that septic systems on undersized lots presented a significant risk of pollution to Long Island sound and drinking water supplies even if the systems complied with the public health code. They each agreed, however, that a sewer system would be the best way to address that problem.

Ordinarily, the federal courts issue temporary injunctions only in very limited circumstances where irreparable harm will occur if the injunction is not granted. The plaintiffs offered evidence that the zoning enforcement officer's seasonal determinations are based on irrelevant public records as well as evidence that the town adopted a "policy" to reject testimony and affidavits that dwellings were actually used during winter months prior to 1992. Based on that evidence, it is our position that the Town's procedure violates fundamental principles of due process and that such an infringement of constitutional rights warrants a temporary injunction. A decision is expected on the request for a temporary injunction during June.

We are at 85% of our financial goal. It is important that those of us who have not donated to our cause do. The Town is vigorously contesting the suit and will undoubtedly expend significant resources to defend their effort to end year round use of properties along the beach. We will all share in the benefits of a successful suit, or we will all share a loss.

This is the last "mass mailing" we foresee sending out. From this point, only members of the association (those who have made financial contributions) will be kept on our mailing list.

Sincerely,

The South Lyme Property Owners Association

PO Box 172

South Lyme, CT 06376 - 0172

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