Connecticut appeals court affirms ruling that Wilton sewer authority acted arbitrarily in denying 70-unit project
On May 26, 2026 the Appellate Court affirmed a judgment that Wilton's sewer authority acted arbitrarily in denying a 70-unit project, because its capacity finding rested on a hypothetical flow and the applicant had no chance to respond to its ownership objections. The matter was remanded for approval with conditions.
On May 26, 2026, the Connecticut Appellate Court decided Baywing, LLC v. Water Pollution Control Authority of the Town of Wilton (AC 48201), affirming a trial court judgment that the Wilton Water Pollution Control Authority acted arbitrarily and without substantial evidence when it denied a developer's application to connect a proposed 70-unit multifamily development to the town sewer system. The court stated that an agency decision must be based on reliable evidence made public and that the applicant must have an opportunity to respond. The case arose under the sewer authority's powers in Conn. Gen. Stat. § 7-245 et seq., including §§ 7-246a and 7-247(a).
Baywing, LLC v. Water Pollution Control Authority of the Town of Wilton, AC 48201 (Conn. App. Ct. May 26, 2026); Conn. Gen. Stat. §§ 7-245 et seq., 7-246a, 7-247(a), 8-24