Save Oswegatchie Hills Coalition Legal Updates |
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We are frequently asked about the status of negotiations to acquire the remaining Oswegatchie Hills. Multiple good faith offers have been made over the years to purchase the property at fair market value and protect the remaining undeveloped Oswegatchie Hills; none of which were acceptable to Landmark. This includes written and compelling offers from the Trust for Public Land, which successfully negotiated protection of the 1,000-acre Preserve in Old Saybrook. We continue our efforts to prevent inappropriate over-development of this special place.
See Brief Updates on the multiple legal cases below:
2024 Water and Sewer Lawsuit goes to Trial: 7-19-24
Glenn Russo from Landmark Development told New London Superior Court Judge James Spallone that he bought the Oswegatchie Hills property, which includes about a mile of waterfront land on the Niantic River, because it was valuable. In the latest legal showdown in more than 20 years of litigation, Russo was trying to convince the court that the sewer commission was not justified when it created a resolution adding restrictions on who qualifies for access to the public sewer system. He believes the resolutions timelines (of 12 months to apply for permits and 4 years to complete the development project) is unfair to large developers. The resolution does not impact his current approval to develop 36 acres, but could impact his ability to develop his remaining 190 acres in the future. We are awaiting the judge's determination... Link to full article here
Landmark Zoning Appeal Determination: 10-26-21
In a long-awaited victory for conservation of East Lyme’s Oswegatchie Hills and the Niantic River, a judge has ruled in favor of three organizations seeking to protect 236 acres of coastal forest threatened with destructive development. The court ordered Landmark to supply the necessary environmental and other information for the zoning commission to adequately consider the final site plan and rezoning. [See the complete press release here]
Regarding Affordable Housing Regulations Change: 12/3/20
A decision by East Lyme’s Zoning Commission upholds our efforts to protect the remaining undeveloped Oswegatchie Hills from proposed high density development. On December 3, the Zoning Commission denied an application by the developer who owns the 236 acres of coastal forest to change the town’s existing Affordable Housing regulations. The proposed changes would have reduced the commission’s ability to require a developer to provide adequate environmental information in a final site plan. “It was a strong and well-reasoned decision by the town’s zoning commission to maintain the ability to exercise its authority over proposed development,” says Roger Reynolds, Save the Sound’s senior legal counsel. “The courts had already ruled that it was reasonable and within the authorities of the commission to require environmental information, including information about wastewater and coastal impact, before the commission would make its decision. So we are pleased to see this ruling.”
Regarding the Sewer Decision on Appeal: 4/10/18
The sewer appeal was presented in the Appellate Court on April 10, 2018 (cases are A.C. 39804; 39806). We argued that in overturning the Sewer Commission’s decision to limit the amount of sewage capacity granted to Landmark, the Superior Court judge improperly usurped East Lyme’s authority to make decisions on allocation of this scarce and environmentally important resource. Unfortunately the Appellate court in Hartford has ruled that the commission must grant the developer more access to the town's sewer system than the commission wants to give it.
East Lyme town officials were forced in December 2018 to allocate 45 percent of the town's estimated remaining capacity (118,000 gallons of sewage per day) to Landmark Development for a proposed 840-unit housing development set over 236 acres in the town's Oswegatchie Hills.
Glenn Russo from Landmark Development told New London Superior Court Judge James Spallone that he bought the Oswegatchie Hills property, which includes about a mile of waterfront land on the Niantic River, because it was valuable. In the latest legal showdown in more than 20 years of litigation, Russo was trying to convince the court that the sewer commission was not justified when it created a resolution adding restrictions on who qualifies for access to the public sewer system. He believes the resolutions timelines (of 12 months to apply for permits and 4 years to complete the development project) is unfair to large developers. The resolution does not impact his current approval to develop 36 acres, but could impact his ability to develop his remaining 190 acres in the future. We are awaiting the judge's determination... Link to full article here
Landmark Zoning Appeal Determination: 10-26-21
In a long-awaited victory for conservation of East Lyme’s Oswegatchie Hills and the Niantic River, a judge has ruled in favor of three organizations seeking to protect 236 acres of coastal forest threatened with destructive development. The court ordered Landmark to supply the necessary environmental and other information for the zoning commission to adequately consider the final site plan and rezoning. [See the complete press release here]
Regarding Affordable Housing Regulations Change: 12/3/20
A decision by East Lyme’s Zoning Commission upholds our efforts to protect the remaining undeveloped Oswegatchie Hills from proposed high density development. On December 3, the Zoning Commission denied an application by the developer who owns the 236 acres of coastal forest to change the town’s existing Affordable Housing regulations. The proposed changes would have reduced the commission’s ability to require a developer to provide adequate environmental information in a final site plan. “It was a strong and well-reasoned decision by the town’s zoning commission to maintain the ability to exercise its authority over proposed development,” says Roger Reynolds, Save the Sound’s senior legal counsel. “The courts had already ruled that it was reasonable and within the authorities of the commission to require environmental information, including information about wastewater and coastal impact, before the commission would make its decision. So we are pleased to see this ruling.”
Regarding the Sewer Decision on Appeal: 4/10/18
The sewer appeal was presented in the Appellate Court on April 10, 2018 (cases are A.C. 39804; 39806). We argued that in overturning the Sewer Commission’s decision to limit the amount of sewage capacity granted to Landmark, the Superior Court judge improperly usurped East Lyme’s authority to make decisions on allocation of this scarce and environmentally important resource. Unfortunately the Appellate court in Hartford has ruled that the commission must grant the developer more access to the town's sewer system than the commission wants to give it.
East Lyme town officials were forced in December 2018 to allocate 45 percent of the town's estimated remaining capacity (118,000 gallons of sewage per day) to Landmark Development for a proposed 840-unit housing development set over 236 acres in the town's Oswegatchie Hills.