On the day before Thanksgiving, a significant milestone was reached as construction on the long-awaited dog park in Weston began. Nearly seven years after residents voted in favor of building it on town-owned land, heavy equipment was brought in to clear dead and down trees along the park's accessway and parking area. This project, which had obtained all local approvals multiple times, had faced numerous delays due to legal actions filed in various courts and state commissions. However, none of these challenges were successful.
Legal Challenges and Court Rulings
The most recent motion, filed in July, sought a preliminary injunction to block the construction of the park entrance. The complaint alleged that the town's design did not comply with the Americans with Disabilities Act (ADA), leading to the case being moved to federal court. On November 4, United States District Court Judge Kari A. Dooley denied the motion. Judge Dooley ruled that the proposed work was actually designed to make the entrance to the dog park ADA-compliant and would not harm either the able-bodied or the disabled. In fact, tree removal, grading, and drainage were all making the area more accessible rather than less so.Judge Dooley also considered the standards for injunctive relief and noted that the plaintiff, Ellen Strauss, had failed to demonstrate any irreparable harm. It seemed that her main concern was simply that she did not want the dog park to be constructed. On the contrary, the judge believed that the "balance of the interests" favored the town. She pointed out the expenditure of time and resources, the will of the majority of residents, and the costs of creating the dog park in an ADA-compliant manner. Judge Dooley also emphasized that with delay came rising costs, as prices had escalated during the years of litigation, eventually requiring a scaled-back design and more approvals and lawsuits.Progress on the Construction Site
During a walkthrough on November 27 as work began, First Selectwoman Samantha Nestor expressed her expectation of being able to open the park early in the new year. Public Works director Larry Roberts stated that progress should not be slowed by the arrival of colder weather, unless the ground freezes. Usually, early winter does not bring freezing temperatures at all.Related Legal Proceedings and Timelines
There have been a series of related legal stories over the years. In July 2024, a lawsuit challenged the dog park plan. In January 2024, the dog park appeal was denied anew. In December 2023, the dog park appeal was rejected. In August 2023, the dog park appeal was also denied. In June 2022, the Conservation Commission approved the dog park. In March 2022, the dog park plan was referred to commissions. In February 2022, the dog park came back into focus. In November 2020, the Appeals Court declined to review the dog park ruling. In August 2020, the court dismissed the dog park appeal. In January 2019, the dog park cleared another hurdle. In November 2018, there was a dog park donation. In April 2018, the "Ayes Have It" regarding the dog park, and there was also a Q&A about the dog park. In January 2018, the town was set to vote on the dog park.