New London — A New London Superior Court judge said Tuesday he will soon issue a decision on how much the Lyme Land Conservation Trust should receive from property owners that landscaped their property in Lyme despite a conservation easement held by the trust. 

Lawyers for both the land trust and property owners made arguments Tuesday at a hearing on counsel fees and the “multiple of restitution costs to be awarded as damages.”

Earlier this month, Judge Joseph Koletsky had said there was a "deliberate violation" of the conservation easement and ruled in favor of the land trust in the case brought by the trust against property owner Beverly Platner.

The land trust argued in the lawsuit that Platner had installed lawns and an irrigation system, along with making other changes, violating an easement placed on parts of 66 Selden Road in 1981 by the original owner. In court documents, Platner disputed the charges and argued the restriction was unclear.

At the hearing Tuesday, Tracy Collins, a lawyer for the land trust, said state law allows the court to award damages of up to five times the cost of restoring the property.

“There are no parts of the restricted area left untouched by the Platners,” she said. She added that the award should send a message about the extent of damage caused to the property.

Santa Mendoza, a lawyer for the Platner family, said the conservation easement from the 1980s is much less clear than the kind issued today, and her client was not advised of it when she purchased the property. She said the current law was intended to protect land, such as public parks or nature habitats, while this issue pertains to Platner’s backyard.

“This is such a different case,” Mendoza argued. “It’s just a very different situation.”

Assistant Attorney General Karen Gano disagreed.

“I think it’s clear on its face, and nothing has been offered except speculation on the legislature’s intent,” Gano said. 

The lawyers also disagreed over the extent of the lawyers’ fees incurred by the land trust.  

A written decision from Judge Koletsky is expected within days, and a second hearing on proposals for the restoration of the property will be scheduled for later this spring.

- Kimberly Drelich