State Court Say’s ‘No Drive Thru’ For Dunkin Donuts In Danbury

The City of Danbury won a State Court ruling that would prohibit Dunkin' Donuts from opening a drive thru location on Mill Plain Road in Danbury.

The ruling upheld a 2017 decision to deny the restaurant's application for a special permit that would allow them to operate a drive-through store on Mill Plain Road.

On Monday, April 15th, Superior Court Judge Andrew Roraback ruled in favor of the City of Danbury and concluded that the project, which would have included a drive thru Dunkin Donuts, would have the same negative impact on the busy area as fast food restaurants.

According to patch.com, the main concern held up in this recent ruling was over the drive thru, where some experts say that up to 60 percent of the business takes place, plus there's already a zoning ordinance on the books that does not allow fast food establishments in that area of Mill Plain Road.

Judge Andrew Roraback, who delivered the decision, had this to say about the court ruling in a written statement:

In this case, it is self-evident that the drive-through component of the convenience store proposed by the applicant shared many distinguishing features also found in fast food restaurants. Notably, and important from a zoning perspective, the commission could have found that a convenience store that might include a Dunkin' Donuts drive-through could generate traffic volumes comparable to those generated by patrons of fast food restaurants who use their drive-­through features to conveniently procure prepared food and beverages.

The court ruling also cited "substantial evidence" that opening a drive-through location in the proposed area would cause traffic problems both on and off the site, which is located right near Exit 2A of I-84.