The state Superior Court has ruled that Wilton’s Planning and Zoning Commission should issue a special permit to The Lake Club, which sought approval in July 2024 to resurface an existing multisport court to accommodate two pickleball courts, according to a recently-released decision. 

Superior Court Judge Edward Krumeich ruled that Wilton P&Z’s denial of the special permit was “unreasonable, arbitrary and illegal and is hereby reversed.”

P&Z denied the special permit application in January 2025, citing the club’s alleged non-compliance with conditions attached to earlier special permits — specifically a requirement that the club limit its membership to 300 members.

In his decision, Krumeich found that the commission improperly reinterpreted past permit conditions and imposed new requirements not supported by the record. He directed the commission to grant the special permit application.

According to the appeal, in 1999, the Planning and Zoning Commission “began imposing conditions [in approvals of the Lake Club’s other special permit applications] that limited the Lake Club’s family memberships to 300 but did not limit other types of memberships, such as senior or super senior members.”

Representatives for the Lake Club argued that it has offered family, senior and super senior memberships for the past 27 years, and submitted evidence along with a special permit application in 1998 showing its bylaws capped regular family membership at 300, but did not limit senior members. 

“Specifically, the Commission stated that the Application was denied for the reason that the Lake Club had senior and super senior membership in addition to their 299 family memberships and that the Lake Club needed to reapply to the Commission for approval of this membership number,” according to The Lake Club’s appeal. 

As part of its answer, the town submitted transcripts of the Planning and Zoning Commission’s  public hearings.

The court found that the commission’s denial of the special permit was not supported by the evidence. 

“The membership cap was first imposed in a special permit granted in 1999 that permitted the club to demolish and then rebuild a swimming pool… The context for this condition was the unsuccessful application for the same special permit in 1998,” the decision states. “Then the Lake Club informed the Commission of its bylaws limitation of 300 regular members and also informed the Commission of its additional membership classifications for seniors that were not so limited.” 

Subsequent conditions in special permits issued in 2003, 2008 and 2010 all make reference to family memberships remaining fixed at 300. 

“There was no evidence in the record that the membership caps imposed in the past … were intended to apply to senior members, whose numbers are not limited in the bylaws,” the decision states. “Nor is there any evidence that the Lake Club was in violation of the membership caps in its bylaws at the time its application was denied in 2025.”

The club’s interest in creating a permanent pickleball court has been a source of contention in the neighborhood due to residents’ concerns about noise. Several neighbors have said during past public hearings that pickleball is not compatible with residential neighborhoods, citing noise from previous pickleball play at the Lake Club. 

The court found that the commission’s decision was not based on noise or traffic related to the requested use, but rather on “the Lake Club’s failure to comply with the past membership cap conditions as interpreted by the Commission. The Commission clearly indicated that the Lake Club would have to comply with its interpretation of the membership cap or seek to modify it in another application.”

What the town will do in response to the court’s decision is still unclear. Replying to an email from GOOD Morning Wilton, Director of Planning and Land Use Management Michael Wrinn declined to comment, saying only that the commission “needs to review the case and discuss any potential future action.”

Robin Allen, the president of the Lake Club’s Board of Governors, emailed a statement on behalf of the club.

“We appreciate the Superior Court’s decision and the clarity it provides regarding the commission’s misunderstanding of the membership cap that formed the basis of the denial. Our intention has always been to explore ways to enhance the recreational experience for our members while maintaining a constructive relationship with the Town and our neighbors. This ruling is an important step in that process, and we will take time to review it carefully before determining next steps,” Allen said.

Disclosure: GOOD Morning Wilton editor Heather Borden Herve is a member of the Lake Club and was not involved in the reporting of this story.