Neighbors file suit to block approval for Walgreen's in Southport
A group of Southport residents is appealing the decision of the Town Plan and Zoning Commission to allow construction of a Walgreen's pharmacy on the Post Road at Kings Highway West.
The Superior Court appeal was served on the Town Clerk's office last Friday afternoon, just a few hours before the deadline for appealing last month's zoning decision expired.
The stand-alone Walgreen's building would replace an existing pharmacy operated by the national chain just over the town line in Westport.
The TPZ's approval included changing the zone classifications for some segments of the site from residential to designed commercial. Other portions of the property were classified as industrial zones.
A similar approval by the TPZ for property next door on Post Road that will be home to a Garelick & Herbs gourmet market was not opposed by residents, nor was it appealed.
File by attorney Joel Green, the suit claims the TPZ failed to make "required findings of fact or identify sufficient or adequate reasons for its actions," and based its decision on "speculation, inference, influence and illegal consideration of matters not legally relevant" to the application's review.
Green also claims the commission imposed conditions that are "unenforceable, defective, unclear, incomplete," and constituted improper exercise of its authority.
The homeowners state the approval for the Walgreen's will negatively affect their property values and the enjoyment of those properties.
The pharmacy would front on the Post Road, and there will be no entrance or exit from Kings Highway West. Plans also call for screening along the Kings Highway West side of the property, consisting of fencing and trees.
On the other side of the Walgreen's property is a consignment shop, and across the Post Road are more commercial properties.