Walgreens is appealing the rulings that blocked its plans to open at the site, by both the Zoning Board of Appeals and Town Plan and Zoning. Those actions have since been consolidated in court, according to John Fallon, the local lawyer for the pharmacy chain.
Walgreens wants to open the pharmacy in the building at 1280 Stratfield Road that had been a neighborhood supermarket for 56 years. The supermarket closed in 2006 when it lost its lease.
The property is located in a neighborhood business district.
Neighbors have vehemently opposed opening the chain store at the site.
The TPZ lawsuit was filed last summer after the zoning panel voted 4-2 to deny the application.
In January 2007, Walgreens had sued the ZBA for ruling it needed TPZ approval to open at the former market site.
"The ZBA appeal is ready for a hearing date," Fallon said. "The P&Z appeal is waiting for a transcript of the public hearing."
He said the audiotape of the hearing was defective and had to be enhanced in order to get a transcript.
"We're getting close on that," Fallon said.
During the TPZ hearing, Fallon argued the pharmacy chain was entitled under zoning regulations to open on Stratfield Road, and the commission set a precedent when it allowed a CVS to open in a neighborhood business
But Joel Z. Green, the neighbors' lawyer, said Walgreens sold goods that aren't allowed in neighborhood business districts, and the store couldn't serve the neighborhood if the neighbors are against it.




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