
DERBY — A judge granted a two-week continuance in a resident’s lawsuit regarding the sale of city property to a private developer.
Resident Matt McGowan has a civil court case pending against the City of Ansonia regarding the sale of land on Olson Drive to The Primrose Companies, headed by developer John Guedes.
The Ansonia Board of Aldermen unanimously approved the sale in July. The price was $510,000.
Guedes has a site plan pending in front of the Ansonia Planning and Zoning Commission for a private recreation complex. The property was formerly home to Riverside Apartments, a federally-subsidized housing complex. It was under the control of the Ansonia Housing Authority, the agency that sold it to the city prior to the city selling it to Guedes.
McGowan, through his lawyer, Thomas Egan, has raised a series of questions about the process city government used to set up the sale. They believe the process was improper and in violation of state and local law, including a section of city rules that calls for public properties to be put out to bid before being sold.
They want a court to compel the city to follow local and state law.
Mayor David Cassetti’s administration maintains the sale followed all rules that applied, and have pointed out the lawsuit ignores the uniqueness of this land deal.
During an 8‑minute court hearing Monday, Egan asked Judge Arthur Hiller for more time to prepare because he wasn’t aware that the real estate transaction regarding the Olson Drive sale had closed. John Marini, the city’s corporation counsel, said the sale was closed Aug. 16.
Egan said he needs to research what that means for the lawsuit.
He also questioned whether the recent addition of parking spaces on Olson Drive was proper.
Marini said Egan was raising issues not relevant to the court case.
Egan also questioned whether the city’s planning and zoning commission properly approved an what’s known as an “8 – 24 referral” under state law.
Marini said the referral, which allows the city’s planning and zoning commission to weigh-in when the city wants to get rid of public property, was done properly.
Marini has also filed a motion to dismiss the lawsuit, saying it is without merit.
Marini objected to the issuance of a continuance, saying it wasn’t needed.
“The legal transactions in this matter are very clear,” Marini said.
Ultimately Judge Arthur Hiller granted a two-week continuance, saying that is was reasonable to give Egan some time to review the documents related to the sale. Egan may amend his complaint against the city to add new details.
The planning and zoning commission was scheduled to start reviewing the Olson Drive redevelopment plans at a meeting scheduled for Monday.
The plans call for a 39,000-square foot indoor soccer facility and an outdoor soccer field. Olé Soccer, a soccer business, is scheduled to lease the space.
A second, 49,000 square-foot building has been leased to a basketball training program, and a separate firm that trains lacrosse and football players, Guedes told The Valley Indy in an email Aug. 29.