The Middletown Press (Middletown, CT)

An ongoing legal battle

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In December 2014, the Stony Creek Associatio­n and three neighbors — James and Eleanor Stach, Robert Ailing and Joan Johnson — filed a complaint in Superior Court against the Legacy Theatre and the Zoning Board of Appeals, appealing the commission’s decision to uphold the permit.

According to Sam Kirby, member of the SCA Puppet House Mediation Team, with the approval of the permit, the Legacy Theatre was given freedom to determine how the business would operate within the Stony Creek community.

“We believed the Zoning Board of Appeals had done us an injustice by giving the Legacy Theatre carte blanche to do whatever they wanted,” he said.

But since the SCA and the neighbors filed the complaint, Knudsen said she has been meeting with board members informally to address concerns such as noise and parking violations.

“We have made enormous strides. A year or two ago, the neighbors were really nervous about what this is. I think the dialogue has been so open since then and it has really been a collaborat­ive effort in our business model and our business plan as opposed to us enforcing upon them what we think is best,” Knudsen said.

During the July 7 SCA meeting, the board voted 7-2 to accept a memorandum of understand­ing that outlined regulation­s the Puppet House Mediation Team would propose during the next court mediation session. According to Kirby, during a July 12 session, the SCA presented its proposal to the individual neighbors, the Zoning Board of Appeals and the Legacy Theatre.

Kirby said while the Legacy Theatre continues to home in on its business plan, the business made considerab­le concession­s, including forgoing the decision to obtain a liquor license and reducing its list of programs.

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