The defendants in the case of Panek vs. Town of Southington filed a second motion to dismiss on Oct. 20.
The Town of Southington, Greenskies Renewable Energy, LLC, and GRE 344 Southington HES LLC, have requested that the court dismiss the complaint due to a lack of subject matter jurisdiction.
In a memorandum to support their motion to dismiss, the defendants stated that the plaintiffs failed to appeal the issuance of a zoning permit during a Zoning Board of Appeals meeting on July 7, and therefore the case should be dismissed.
The defendants also filed a motion to dismiss on July 31, which was denied by Judge James Abrams on Aug. 11.
The case will continue in New Britain Superior Court on Nov. 21.