Judge To Lawyers In Ansonia Land Case: Agree On The Basic Facts, Then Come Talk To Me

(Left to right) John Marini and Mayor David Cassetti (file photo) attorney Thomas Egan (photo from Egan Law LLC website).

ANSONIA — A judge ordered two lawyers to get their facts straight during a hearing Thursday involving the sale of public land to a private developer.

Resident Matt McGowan has a claim pending against the city for allegedly not following state law and the Ansonia charter when the city’s Board of Aldermen approved selling land on Olson Drive to The Primrose Companies in July for $510,000.

Primrose currently has a site plan under review by the Ansonia Planning and Zoning Commission to build a private sports complex there.

McGowan is being represented by Ansonia lawyer Thomas G. Egan of Egan Law, LLC.

Ansonia is being represented by corporation counsel John Marini, who has called the lawsuit frivolous and politically motivated.

During a quick virtual court hearing on the case Thursday, Judge Arthur Hiller seemed annoyed that the two lawyers could not agree on the basic facts of the case.

Specifically, the two lawyers can’t agree on whether there are proper 8 – 24” referrals in place for the property.

State law (section 8 – 24) forces towns and cities looking to acquire or sell land to get a referral from the local planning and zoning commission. The commission usually weighs in with a positive or negative referral.

Olson Drive was previously home to federally subsidized housing. The Ansonia Housing Authority sold the land to the city, which then sold it to a developer. The housing authority is using the proceeds to provide subsidized housing elsewhere in the city.

In a court document filed Wednesday (Sept. 14) Egan alleges that the City of Ansonia never got a referral from its planning and zoning commission prior to acquiring Olson Drive from the Ansonia Housing Authority in April 2022.

Egan says the lack of a referral early in the process means that Ansonia didn’t own the property when they sold the land to The Primrose Companies over the summer. The city said Egan does not have his facts straight.

In a court document filed earlier this year, the city says a 8 – 24 referral was done by the Ansonia Planning and Zoning Commission. The city cites two exhibits as proof:

1. A letter dated Jan. 5, 2022 from P&Z Chairman Jared Heon to the Ansonia Board of Aldermen saying the P&Z made a positive referral regarding the purchase of Olson Drive.

2. Minutes from a May 2022 P&Z meeting in which the commissioners issued positive referrals regarding properties the Ansonia Housing Authority was purchasing with the sale proceeds of Olson Drive from the city.

However, Egan said the Jan. 5 agenda and meeting minutes of the Ansonia P&Z do not show a vote on Olson Drive. The meeting minutes mention Olson Drive, but there is no formal 8 – 24 action, Egan said. Such a referral was needed prior to the April purchase from the housing authority, Egan said.

In his Sept. 14 court filing, Egan said he intends to file a new lawsuit in regard to his belief there was no 8 – 24 referral made prior to Ansonia acquiring the land from the housing authority.

Marini said there was a referral, and that the city is prepared to present documents (agenda, minutes and favorable report) plus testimony from P&Z members on the matter.”

During Thursday’s hearing, Judge Hiller ordered the two lawyers to agree on a set of facts, and to provide the court with a limited set of certified copies of documents showing there was a vote of the P&Z.

What I can’t understand is why the two attorneys can’t have a stipulation of facts as to what occurred; whether there was a referral to planning and zoning, whether it was heard by planning and zoning, and whether there was a decision by planning and zoning. That should not need a trial,” Judge Hiller said. 

Egan said there is disagreement over what happened at the Jan. 5, 2022 meeting of the P&Z.

Judge Hiller noted the city filed exhibits saying the referral and decision happened, but Egan noted the meeting minutes do not necessarily reflect that.

Marini said the city’s position is that Olson Drive was referred to the P&Z for a 8 – 24 report, and that a positive referral was issued.

Judge Hiller said the record should be clear and concise as to what happened.

I’m not going to do this by argument, so we are going to need a hearing,” Judge Hiller said. And you are going to have to bring your witnesses, but here’s what I’m going to tell you: if the evidence is clear, and that there is no issue on the facts as shown in the exhibits, somebody’s going to pay a price for that.”

Hiller then ordered Egan and Marini to meet within two weeks to come up with a set of facts both sides agree on and to file that information with the court by Oct. 7. He then said within a week or two after that another hearing will be scheduled.

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