Powers Issued Delinquency Notice in Lawsuit Appeal

Michael Powers may have appealed the judge’s dismissal in the lawsuit he filed against the Town of Wilton and town officials, but he has missed one of the first deadlines in his appeal required by the court. On Jan. 7, the court issued a “delinquency order” indicating that several filings Powers was required to make by a Jan. 2, 2020 deadline hadn’t been submitted and were overdue.

Powers filed the initial appeal on Dec. 23, 2019. He had 10 days from that date to file documents required by the court. The 10-day period stretched over the Christmas and New Years holidays but did include non-holiday workdays as well.

The delinquency order reads:  “It appearing that the preliminary statement of issues, docketing statement, preargument conference statement, and certificate regarding the transcript were due on or before Jan. 2, 2020, and have not been filed, it is hereby ordered that the above-captioned appeal will be dismissed unless the appellant files the above-referenced practice book section 63-4 documents on or before Jan. 17, 2020.”

The original case was heard in Stamford Superior Court on Dec. 16, 2019 by Judge David Tobin. Tobin took 30 minutes to dismiss the lawsuit when he found that Powers failed to show any legal case citation or state or municipal law supporting his argument.

GMW has sent a request for comment from Powers, and the story will be updated as soon as we hear back.