Yes folks, the crematorium case is still simmering in court, it is not dead yet. Read update below.
Report by Paula Antolini
May 25, 2016 6:27PM EDT
Not Dead Yet: Update on Proposed Bethel Crematorium Status
Yes folks, the crematorium case is still simmering in court, it is not dead yet.
Just to recap, B. Shawn McLoughlin, who presently owns Mono-crete Step Co. LLC, a cement products company located at 12 Trowbridge Drive in Clarke Business Park, Bethel CT, submitted several applications over the past 3 years to build a crematorium on the same property where he owns his present business. After many public meetings and scrutiny by the Planning & Zoning Commission, all of his applications were denied.
McLoughlin then went on to appeal and placed a civil case on 10-13-2015 against the Planning & Zoning Commission of the Town of Bethel, and also Connecticut Coining Inc., the business next door to his, at 10 Trowbridge Drive.
An application for case referral – land use litigation docket was filed on Oct. 27, 2015 and the order was granted on Oct. 29, 2015 by Judge: Marshall K. Berger Jr.
The case was transferred from Superior Court Judicial District of Danbury to Superior Court Judicial District of Hartford on Oct. 29, 2015.
The plaintiff, crematorium applicant B. Shawn McLoughlin, has asked for a “Motion for Continuance” in all three cases, on Jan. 13, 2016, that have been granted by Hon. Marshall Berger on May 13, 2016.
However, Connecticut Coining Inc. has submitted a “Motion to Intervene” on March 9, 2016 in case number HHD-CV15-6063334-S, that it be made a party to the defendant, the Planning & Zoning Commission of the Town of Bethel.
This is defined: “Normally, a lawsuit involves the plaintiffs (who bring the suit), and the defendants (whom the suit is brought against). Sometimes, a person who is not a party to a lawsuit in progress wants to become a party. Such a party must file a Motion to Intervene. Generally, to be admitted into the lawsuit, the intervenor must have an interest in the subject matter of the original suit.”
Obviously CT Coining has interest in this case, since the previous proposed crematorium plans showed that the crematorium buildings (last plan showed two buildings) would be located a few dozen feet from his business, the stacks would be clearly visible, and there were health concerns and numerous other concerns too, as CT Coining’s attorney Neil Marcus indicated at many public meetings.
There are no Scheduled Court Dates as of 05-25-2016.
We will continue to watch this case and bring you updates.
Past stories include an attempt to change legislation regarding crematoriums, on March 4, 2016:
On Friday, March 4, 2016 a Public Hearing took place in Hartford with the Planning and Development Committee (PD) of the Connecticut General Assembly about a Raised Bill H.B. 5483 “AN ACT CONCERNING THE ZONING OF CREMATORIES” in which there was testimony given, and discussion about, crematorium legislation in Bethel. The event was not publicized and only a few individuals from Bethel were present.
In fact, had some individuals from the Bethel group who fought against the crematorium for almost three years had not been vigilant, this legislation might have easily been made into law.