Westport First Selectman Jim Marpe announced today that the town had filed a petition for certification with the Appellate Court requesting a review by that court of the recent Superior Court order requiring the Water Pollution Control Authority (WPCA) to issue a conditional sewer permit to Summit Saugatuck, LLC.  On May 7, 2018, the Superior Court ruled that the WPCA must approve Summit’s sewer permit, subject to completion of the work currently underway replacing the force main pipe under the Saugatuck River and the pump station.  The WPCA had previously denied Summit’s request, requiring Summit to return upon completion of the work. 
 
Mr. Marpe noted the following, “We feel there is an important legal issue at stake here.  The WPCA has never issued a ‘conditional permit,’ and we told Summit quite simply to reapply when the sewer repairs are done.  Our town attorneys have advised us that this is a reasonable legal position, and we hope the Appellate Court decides to take this case.” 
 
Land use appeals, including WPCA decisions, are not automatically accepted by the Appellate Court.  Rather, a petition for certification requesting the Appellate Court to hear the case must be filed and accepted.  It is anticipated that the Appellate Court will rule on this request within the next several months.