(Left to right) John Marini and Mayor David Cassetti (file photo) attorney Thomas Egan (photo from Egan Law LLC website).
ANSONIA — A judge on Thursday dismissed a lawsuit connected to the purchase of Olson Drive.
In a written ruling, Judge Arthur Hiller said the City of Ansonia followed the proper procedure as outlined in state law when it came to making an “8 – 24” referral to the Ansonia Planning and Zoning Commission for the purchase of Olson Drive from the Ansonia Housing Authority in September 2019.
An “8 – 24” referral relates to the state law saying a town or city must get input from its local land use board when considering acquiring or selling city or town owned property.
Olson Drive was formerly home to more than 100 units of federally-subsidized housing called Riverside Apartments. After buying the land from the Ansonia Housing Authority, the city sold the land to The Primrose Companies.
The Primrose Companies has had a site plan application pending in front of the Ansonia Planning and Zoning Commission to redevelop the land into a private sports complex that will be home to Ole Soccer (CORRECTION: Ansonia P&Z commissioner Tony Levinsky told The Valley Indy the site plan application was approved Nov. 28).
Ansonia resident Matthew McGowan, through his lawyer Thomas Egan, filed a lawsuit against Ansonia in June 2022, alleging the process by which the city acquired and then sold Olson Drive flew in the face of local and state laws. The city filed a motion to dismiss the lawsuit not long after it was filed, saying the lawsuit was politically motivated since McGowan and Egan are involved in the local Democratic Party.
After a series of legal filings and court hearings, the case was eventually pared down to whether the city properly followed the law regarding the “8 – 24” referral.
The judge ruled the city followed the law.
“Based on all the evidence presented, the court finds that the necessary referral for a report on the purchase of Olson Drive was made to the Ansonia Planning and Zoning Commission, pursuant to (statute) 8 – 24 and, therefore, the plaintiff’s action is dismissed,” Judge Hiller wrote.
The Valley Indy reached out to Egan Thursday afternoon but did not hear back as of 8:37 p.m.
Ansonia Corporation Counsel John Marini said the city intends to go after McGowan for costs incurred by the city to defend the lawsuit.
“This lawsuit against the city was frivolous, transparently political and entirely without merit — a complete waste of time, money and resources,” Marini said. At the end of the day, the court was not fooled. The city will now seek reimbursement of its costs from the plaintiff on behalf of Ansonia’s taxpayers.”
Marini did not provide a dollar amount, saying it will be calculated next week.
