ANSONIA – The City of Ansonia has asked a judge to dismiss a lawsuit related to its attempts to purchase land on Pulaski Highway for a new middle school.
In a court filing dated March 17, the city wrote that the court lacks jurisdiction over a complaint brought by the property owner. It says that the landowner is simply attempting to stall the city’s efforts to acquire the land.
“Specifically, Plaintiffs filed the instant action merely to delay the City from initiating eminent domain proceedings or to force a settlement in excess of the appraised fair market value of the land,” the motion states. “The timing of this action further suggests Plaintiffs only intended on delaying the City from initiating eminent domain proceedings.”
The property in question is 25-acres at 64 – 78 Pulaski Highway about half a mile from Ansonia High School. City officials have been eyeing it as the possible site for a new Ansonia Middle School.
The city wants to acquire the land through eminent domain, according to its motion. Eminent domain allows governments to take private land for public use, as long as fair compensation is given to the landowner.
The landowner, Ansonia Orchard LLC, sued the city in January over a disagreement regarding the land’s value. The company says the property is worth $5 million, while the city says it’s worth $1.5 million, according to court filings.
The company’s lawsuit alleges that the city changed its zoning regulations in order to shave millions of dollars off of the land’s assessed value. City officials have denied this allegation.
The landowner is asking the court to:
Overturn a 2022 zoning regulation change
Compel the city to offer more than $1.5 million
Compel the city to pay for damages and legal fees
However, the city says the court is powerless to do anything – except to resolve the dispute over the land’s value. The city’s motion also says that the disagreement would be resolved during regular eminent domain proceedings anyway, so the court shouldn’t get involved at this point.
Background and Timeline
Ansonia Orchard LLC and the city have disputed the value of the land since 2021.
The plaintiff’s argument is centered around whether the land would be worth more if the city’s zoning code still contained a “cluster zoning” regulation. The company says that regulation would have allowed them to build apartments on the land, increasing its value. However, the city repealed that regulation around the time the company purchased the property.
Here’s an approximate timeline of the dispute.
September 2021: Ansonia Orchard LLC was in negotiations with Peter and Vera Overchuk to purchase 64 – 78 Pulaski Hwy.
Although the Overchuk family were still the landowners, the city began negotiations with Ansonia Orchard LLC for the property. The city obtained an appraisal, which valued the land at up to $5 million.
December 2021: The city, hoping to get the land for a new Ansonia Middle School, offered Ansonia Orchard LLC $1.7 million for the land. The company, which didn’t own the land yet, said no.
June 2022: The city’s planning & zoning commission repealed the “cluster zoning” regulation in the zoning code, following a public hearing.
Three days later, Ansonia Orchard LLC completed the purchase of 64 – 78 Pulaski Hwy from the Overchuk family for $1.15 million.
October 2022: Ansonia Orchard LLC obtained an appraisal of the land. The appraisal given to the company valued the land at between $4.1 and $5 million, matching the city’s September 2021 appraisal.
December 2022: The city made another offer for $1.7 million. The company said no again.
September 2024: The city got two new, independent appraisals of the property. The two appraisals each valued the property at $1.5 million. The city offered to buy the land for $1.5 million. The company said no.
January 2025: Ansonia Orchard LLC sued the city. The company’s complaint alleges that the appraisals were not actually independent. It also alleges that the city conspired to lower the appraised value of the land by overturning the “cluster zoning” regulation.
March 2025: The city asks the court to dismiss the company’s lawsuit.
City Asks Appraisers For Revision
Outside of court, Ansonia Corporation Counsel John Marini told The Valley Indy that the city reached out to the appraisers after receiving the company’s complaint. He said the city asked the appraisers to value the land as if the “cluster zoning” regulation had never been overturned.
Marini provided the revised appraisals to The Valley Indy in March. The latest appraisals value the land between $2,152,500 and $2.2 million. Those appraisals aren’t in the court record yet.
The city has not made a new offer. Its most recent offer was for $1.5 million in September 2024.
Marini does not represent the city in the court case. The city is represented by Wethersfield attorney Timothy Hollister, who declined to comment on the proceedings. Hartford attorney William Fish, representing Ansonia Orchard LLC, had not responded to an email from The Valley Indy as of April 3.
Ansonia Orchard LLC asked the court to set a deadline of April 17 for them to respond to the city’s motion.