Darien Files Motion To Dismiss Lawsuit On Great Island Tree Cutting

DARIEN, CT — The Town of Darien has filed a motion to dismiss a resident's lawsuit over 15 trees proposed to come down at Great Island.

In a memorandum associated with the motion, the town claims that the resident, Luz Helena Bueno, does not live near Great Island and has not proved that she would be aggrieved by the removal of the trees.

"The Plaintiff does not allege any specific connection to the Great Island Trees nor does she allege that she resides anywhere near Great Island," the town claimed.

Darien held a public tree hearing on Sept. 12 after residents objected to the posted removal of three white spruces, three Eastern hemlocks, and nine Norway spruces along 23A, the access road to the property.

During the public tree hearing, residents urged the town to find other solutions and wait until more is known about the larger plan for Great Island. Some residents said the trees add to the feel of the property, and others said there had been little transparency about the proposed cutting.

Town officials said the removals are needed to allow for safe and efficient access for emergency vehicles, construction vehicles and residents, regardless of what the final master plan is for the property.

Darien Tree Warden Michael Cotta ruled on Sept. 16 that the trees could come down.

Bueno filed the appeal in Stamford Superior Court on Sept. 25 ahead of the Sept. 26 deadline. She claimed in a lawsuit that as a "frequent" user of Great Island and its walkways, Cotta's decision to remove the trees will "adversely impact" Bueno and her family's "peaceful, quiet and safe enjoyment of the property."

Additionally, the appeal claims Cotta's decision was "not supported by substantial evidence in the record or applicable law," and that the decision was not in accordance with Connecticut General Statutes.

"The evidence in the record does not provide a basis upon which the Tree Warden could make a finding that public safety demands the removal of the subject trees," the appeal claims.

The town claimed in its attached memorandum that "simply stating that a party is a town resident, uses the area where the trees subject to removal are located, and would be affected by the removal of the trees is not enough to establish that a plaintiff has been aggrieved by a tree warden's decision."

Darien pointed to the limited time Bueno has had to visit Great Island, as the town only purchased the property in 2023.

"While the Plaintiff frames her use of the Great Island walkways as 'frequent,' the Plaintiff recognizes in her Appeal that Great Island was purchased by the Town from private owners in 2023," Darien said. "Thus, Plaintiff recognizes Great Island was not available to the public before 2023. The Plaintiff, like other residents and members of the general public, has only been able to walk along the pathways by the Great Island Trees for half a year before the filing of this action."

Darien claimed Bueno "offers no clarification or explanation" about how the trees provide her family "with any degree of additional safety or peaceful enjoyment that would be lost upon their removal."

"Further, any impact to the Plaintiff's enjoyment of Great Island caused by the removal would be no different than that of other members of the community who use Great Island," the town continued.

Additionally, entered as an exhibit is Bueno's proximity to Great Island, which according to her address is a little over four miles away.

A copy of the town's special permit, which was granted by the Darien Planning & Zoning Commission in February for the work on the access road, was included in Darien's memorandum.

Another resident, Alexis Sweet, also filed an appeal against Cotta's decision in September.

On Sept. 27, the town mentioned Bueno's appeal in a post to the town's website.

"Resolving this appeal will take time and possibly interrupt the development of Great Island," the town said. "The Great Island Advisory Committee will do all it can to minimize any delay."