Groton Open Space Association

UPDATE: Jury Selection To Start May 10 For Merritt Property Trial

NEW LONDON–Jury selection is scheduled to start May 10, 2005, for a trial to determine whether the wooded 75-acre Merritt property on Fort Hill in Groton will be preserved as public open space or be turned into a residential development.

The date was set Jan. 6, 2005, following the unsuccessful outcome of talks at the New London Superior Court aimed at avoiding a trial. Earlier, jury selection had been scheduled to start March 29, but the court granted a request of the plaintiff, Ravenswood Construction LLC, of Cheshire, for additional time to prepare for the proceedings.

Overriding issue in the trial will be whether it is the Groton Open Space Association or Ravenswood that has the valid contract to buy the property. GOSA has a contract–signed April 14, 2003, by Merritt–to buy the property. Ravenswood does not have a signed contract but contends that Merritt in effect had agreed to sell it the property.

GOSA and Merritt reject Ravenswood’s contention and have lodged counterclaims. On Monday, Jan. 3, Superior Court Judge James Devine denied Ravenswood’s motion for separate trials of the contract issue and the counterclaims. The denial is “without prejudice,” meaning it doesn’t preclude Ravenswood from filing an amended motion for a separation, or “bifurcation,” as the motion calls it.

Mystic Attorney William Kroll represents Merritt in the case. William Hescock of North Stonington is lead lawyer for GOSA, and Paul Geraghty of New London and James Miele of Cheshire are attorneys for Ravenswood.

GOSA has won a $650,000 state grant toward the $1 million cost of the land and will raise the remainder through individual and institutional contributions. The land, to be known as the Merritt Family Forest, will remain natural in perpetuity and will be open to the public for such activities as hiking, observation of plants and animals, and education.