SOUTHWICK – Calito Development Group, the Connecticut-based commercial real estate developer whose special permit request to build a Dollar General on College Highway was denied by the Planning Board, has filed two lawsuits against the board in Land Court seeking to overturn the decision.
One of two lawsuits alleges that board members Michael Doherty and Richard Utzinger weren’t impartial when they voted against granting the permit.
“…Calito prays that the Court adjudicate and declare whether either or both of the two defendant Planning Board members who voted against approval of plaintiff’s retail store were not impartial as required by [Massachusetts General Law], and if so whether either or both of their votes should be invalidated, and award plaintiff Calito the costs of this action,” according to the lawsuit filed by Calito on July 22 in Land Court.