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Agenda - Council - 05/26/2015
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Agenda - Council - 05/26/2015
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05/26/2015
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Zoning Bulletin February 25, 2015 I Volume 9 I Issue 4 <br />appeal. The court remanded the matter to the superior court to dismiss the <br />Beckfords' appeal. <br />See also: Carroll v. Town of Rockport, 2003 ME 135, 837 A.2d 148 (Me. <br />2003). <br />See also: Vachon v. Town ofKennebunk, 499 A.2d 140, 142 (Me. 1985). <br />See also: Woodward v. Town of Newfield, 634 A.2d 1315 (Me. 1993). <br />Case Note: <br />In its decision, the court noted that had the Beckfords so moved, the superior court <br />would have had the authority to allow an extension of the deadline for "good cause <br />shown." (30-A M.R.S. sc 2691(3)(G).) However, even though Pisgah moved to dismiss <br />the appeal as untimely, the Beckfords failed to make such a motion. <br />Sovereign Immunity/Preemption— <br />Town alleges zoning violations <br />against property owner <br />Property owner, which had contracted with state to <br />provide nursing homes services, claims sovereign <br />immunity as "arm of state" <br />Citation: Town of Rocky Hill v. SecureCare Realty, LLC, 315 Conn. 265, <br />2015 WL 46242 (2015) <br />CONNECTICUT (01/6/15)—This case addressed the issue of whether a <br />group of private entities, who together have contracted with the state pursuant <br />to Connecticut General Statutes § 17b-372a to provide nursing home services to <br />state prisoners and others in state custody, comprise an "arm of the state" that <br />may assert the defense of sovereign immunity in an action brought against them <br />by a municipality claiming noncompliance with its zoning regulations. It also <br />addressed the issue of whether § 17b-372a preempts the application of town <br />zoning regulations to the owners and operators of private nursing home proper- <br />ties which the state contracts under § 17b-372a. <br />The Background/Facts: SecureCare Realty, LLC ("SecureCare") owned <br />real property in the town of Rocky Hill (the "Town"). A nursing home facility <br />had previously been operated on SecureCare's property. The property was lo- <br />cated in a district that was zoned for residential use. SecureCare had neither <br />sought nor received from the Town any special use permits in connection with <br />the use of its property. <br />On SecureCare's property, iCare Management, LLC ("iCare"), a manage- <br />ment and consulting firm, was overseeing a development of a § 17b-372a nurs- <br />ing home. Connecticut General Statutes § 17b-372a permits certain state of- <br />ficials to "establish or contract for the establishment of' nursing home facilities <br />for state prisoners and individuals receiving services from the Connecticut <br />©2015 Thomson Reuters 9 <br />
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