Groton Open Space Association

Developer Petitions Supreme Court in Preserve Dispute

HARTFORD — River Sound Development LLC has asked the state Supreme Court to review a July 27, 2010, Appellate Court decision upholding Old Saybrook’s denial of the developer’s plan for a major residential project on a 1,000-acre property in Old Saybrook, Essex and Westbrook known as the Preserve.

Attorney Matthew Ranelli, of Hartford, who represented Essex in the Appellate Court proceedings, said he and other lawyers siding against River Sound are preparing briefs opposing review. Other attorneys arrayed against River Sound are Michael E. Cronin Jr., representing the Inland Wetlands Commission of Old Saybrook; Charles J. Rothenberger of the Connecticut Fund for the Environment; and David H. Wrinn for the state Commissioner of Environmental Protection.

The 10-day deadline for filing of the opposition briefs runs out Aug. 26, but an 8-day extension is expected to be granted, said Michael E. Cronin Jr., who represents the Old Saybrook commission.

River Sound Development, a subsidiary of the former investment banking company Lehman Brothers, is represented by Brian R. Smith, of the firm of Robinson & Cole.

If the Supreme Court follows form, it is likely to take two to three months to decide whether to review the case. The action stops if the Supreme Court denies River Sound’s petition. If it agrees to review the case, a decision could take a year to 18 months.

The case is regarded as significant not only because of the large block of land involved but because, as Mr. Cronin pointed out, the Appellate Court judges recognized a specific connection between the health of water in wetlands and the wetlands presence of wood frogs.