Groton Open Space Association

Situation Report at 11-29-06: Appellate Brief Time In Merritt Case

GROTON — The dispute over who has the right to buy the 75-acre Merritt property on Fort Hill — GOSA or Cheshire developer Ravenswood Construction LLC — is continuing at the Appellate Court level.

Ravenswood filed a brief with the court Nov. 2, 2006, disputing the result of a Superior Court jury trial in New London that found Ravenswood did not have a valid contract to buy the property. The construction company had filed notice of appeal shortly after the May 2005 jury verdict.

Talks aimed at an out-of-court settlement have been unsuccessful.

GOSA and F.L. Merritt Inc. signed a contract April 14, 2003, for GOSA to buy the property for $1 million. GOSA has a $650,000 state grant toward the purchase price and has made a $90,000 downpayment on the property, which is to become public open space.

In its appeal of the jury verdict, Ravenswood contends that the judge committed crucial errors on four issues. It also argues that the jury’s finding was against the weight of the evidence and that the jury disregarded the judge’s instructions. GOSA finds these arguments to be without merit.

GOSA’s attorneys expect to file their responding brief early in January.

After all briefs have been filed, the Appellate Court process could take nine months before a decision emerges.

The losing side will have an opportunity to apply for a state Supreme Court review. The Supreme Court normally takes one to three months to decide whether to hear a case. If the Supreme Court refuses to hear the case, it is over. If the Supreme Court does decide to hear the case, a decision could take another 12-16 months.

The Merritt property, wooded and crossed by two streams that join and drain into Palmers Cove, constitutes for GOSA a key section of a green belt that includes the Bluff Point and Haley Farm state parks, the Mortimer Wright Preserve, Pequot Woods, Beebe Pond Park and other protected lands. It is home to a wide variety of birds, aquatic life and forest creatures–including the Red-Shouldered Hawk, Wood Turtle, Wood Frog, Marbled Salamander, Brown Trout, Fox, Mink, Muskrat and Coyote.

Ravenswood won approval of town land-use regulators to build 48 housing units on the tract, though this is clouded by a pending GOSA appeal of the Planning Commission’s approval. Ravenswood’s predecessor developer originally applied to build 79 units on the tract, but regulatory action whittled this number down to 48.

GOSA is represented by Tyler Cooper & Alcorn LLP, of New Haven.

Ravenswood’s is represented by the New London firm of Geraghty & Bonnano LLC.