Town Attorney Kenneth Slater, representing the commission, has disputed what he calls the plaintiffs’ “novel conclusion” regarding Beale’s vote.

Had Beale voted for the project, it would have been approved 4-3 instead of being rejected. “Where factual determinations of compliance have been made by a commissioner, and expressed by that commissioner on the record, that commissioner has no alternative but to exercise his/her vote in a manner consistent with those factual determinations,” attorney Harry Heller writes in the plaintiffs’ brief. The brief focuses, in part, on a particular commission member, Denise Beale, who voted against the project after stating prior to the vote that Blue Camp’s applications for a zoning permit and site plan approval were consistent with the town’s Plan of Conservation and Development and met regulations regarding recreation campgrounds. 8 in New London Superior Court, the plaintiffs say the proposal complied with all local regulations and that therefore the commission was bound to grant a “special exception” zoning permit for it. Preston ― Attorneys for the Mashantucket Pequot Tribe and Blue Camp CT, the developer that proposed a luxury RV park within hailing distance of the tribe’s Foxwoods Resort Casino, have detailed their claim that the Planning and Zoning Commission had no business rejecting the project some 18 months ago.

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