In its Jan. 25 appeal, Pyramid claimed the November 2020 lower court ruling that stopped construction of the company’s 222-unit apartment development on Rapp Road as well as a proposed Costco Wholesale store was not made based on arguments presented by either the plaintiff or the defendants. The judge in effect took it upon himself to amend the original petition, Pyramid argued in court papers, and then didn’t give the town or company time to respond, violating the state’s prohibition against “litigation by surprise.”