Greenwich (Conn.) Hospital's lawsuit against the town's planning and zoning commission for rejecting the hospital's bid to develop a cancer care center has been dismissed by a state Supreme Court judge, the CT Insider reported Dec. 28.
The commission originally denied the hospital's proposal for the 55,700-square-foot center in November 2022, which was followed by a lawsuit from hospital administration attempting to reverse the commission's decision. Ruling in favor of the commission, a state Supreme Court judge has now dismissed the hospital's lawsuit, the publication reported.
"The court does not find that the process engaged by the Commission are in any way a violation of fundamental fairness or Connecticut law," the judge's ruling determined, according to CT Insider.
Amy Souchuns, the hospital's lawyer, filed a legal complaint suggesting that the commission's denial was based on the surrounding neighborhood's "character," and was a violation of Connecticut law. Ms. Souchuns argued that the commission was also not focusing enough on other zoning documents, and too concerned with its "Greenwich Plan of Conservation and Development."
Additionally, the hospital administration reportedly accused the commission of ignoring evidence that proved a need for the cancer care facility, along with raising procedural issues.
"The Commission denied the application based on a confluence of factors which are well articulated in its decisions. A few factors were deemed more persuasive than others. The Commission determined that the Plaintiffs (the hospital) did not provide enough compelling data to support how specific current and future town of Greenwich residents' needs are not being met by existing local cancer care facilities," Laura McGeachy, attorney for the commission wrote in a court filing shared by CT Insider.
Robert Genuario, a judge trial referee, concluded that the commission was right to look into the surrounding neighborhood where the facility would go, as many area residents had raised traffic congestion concerns and other issues with the area.
Becker's has reached out to the hospital for comment regarding their lawsuit rejection.