The Federal Court for the District of Connecticut ordered an injunction this week barring the Town of Old Lyme from issuing systematic determinations that certain Old Lyme properties cannot be used during winter months. In a lengthy decision, Senior District Judge Ellen Bree Burns ruled that the South Lyme Property Owners Association demonstrated that the Constitutional due process rights of property owners in Old Lyme were likely violated by the procedures adopted by the Town.

The zoning regulation at issue in this case allows Old Lyme’s Zoning Enforcement Officer to limit a property owner’s right to use their property during "seasonal" months. A "seasonal" determination bars any use of the property for a five-month period from November 15 to April 15. The South Lyme Property Owners Association, Inc. comprised of hundreds of Old Lyme property owners currently or potentially affected by this zoning regulation, filed a lawsuit last fall seeking a Court ruling that this practice violates their property rights under the Connecticut and United States Constitutions.

Judge Burns found reason to believe that the Zoning Enforcement Officer’s methods of making "seasonal" determinations probably violates the due process rights of the property owners. "The [Zoning Enforcement Officer’s] preliminary determination is based on a review of town records which essentially have nothing to do with an owner’s actual use of her property…." Judge Burns wrote in her 28-page decision released on Tuesday. "Furthermore, and quite astonishingly, the [Zoning Enforcement Officer] admitted that she did not know the criteria on which those records made seasonal use determinations and was unable to adequately explain how or why their seasonal use indications were relevant to her inquiry of actual use."

The Court’s decision temporarily prevents Old Lyme from continuing the practice of systematically deciding that a parcel of property cannot be used during winter months. The injunction will be in place until a final decision on the case is reached after trial.