A New London Superior Court judge denied a request for a temporary injunction to stop work on the proposed Chelsea Gardens botanical gardens project in Mohegan Park on Thursday immediately upon conclusion of testimony and closing arguments by attorneys for the Chelsea Gardens Foundation and a Norwich resident who filed suit challenging the start of work on the project.

Judge Joseph Q. Koletsky heard nearly two full days of testimony by wetlands experts for both parties as well as brief testimony from Butternut Drive resident Charles Evans, who filed suit against the project, and foundation President Hugh Schnip.

Throughout the testimony on both days, Koletsky questioned specific points of the arguments and expressed skepticism during the closing arguments by Evans' attorney, Keith Ainsworth.

Koletsky issued his ruling immediately after Ainsworth completed a rebuttal to the closing argument given by Chelsea Gardens Foundation attorney Sharon Baldwin.

"It's not right," Evans said following the ruling. "It still continues to be a sin against nature, and a crime against the citizens of Norwich."

Schnip declined to comment after the ruling.

During his testimony, Schnip said there are no plans to cut more trees on the property within the next six months, and the only planned work on the project will be to bring botanical garden consultants, landscape architects and potential donors to tour the site.

He said some trail maintenance will be done, because an open-house tour is planned in October.

Evans' lawsuit challenging the project based on alleged violations of wetlands and planning permits remains pending.

Much of Thursday's testimony centered on technical definitions of tree cutting, land clearing and land “disturbance."

Robert Russo, a wetlands expert at CLA Engineers Inc. of Norwich, who has worked on the Chelsea Gardens project several times since 2000, testified before Koletsky that the erosion and sedimentation control measures described in wetlands permit applications have not been installed because the trees had to be cleared from the work area first.

The erosion controls — including woodchip berms, hay bales and silt fencing in different locations on the property — would be the next step in the project before the land is cleared and graded for development. Russo said tree cutting must be done first to provide access to the areas where erosion controls are to be put in place.

Wetlands scientist Steven Danzer of Stamford, hired by Evans, testified Wednesday that the erosion controls should have been installed prior to tree cutting and that the wetlands on the property have been harmed by erosion since the trees were cut this spring.

Evans was seeking a court-ordered injunction to stop work on the proposed botanical garden on 80 acres of Mohegan Park land leased from the city.

The foundation cut trees in the center project area where buildings, a butterfly pavilion, main access roads and a parking area would be developed.

Russo countered Danzer’s testimony Wednesday and Thursday, saying there is no evidence of disturbance or erosion in the wetlands areas or even in the buffer zone within 100 feet of the wetlands.

Russo said the term “tree cutting” is different from “clearing and grading.” With tree cutting, the roots and stumps of the trees remain, stabilizing the soil.

Land clearing and grading involves removing stumps and roots and soil and preparing the land for development.

He said contractors generally are aware of the distinction, but did not know whether the logging firm hired by Chelsea Gardens Foundation to cut six acres of trees knew the distinction.

Later Thursday, the Mohegan Park Improvements and Development Advisory Committee discussed the Chelsea Gardens project and heard comments from four residents opposed to the project.

Committee Chairman Timothy Smith said the committee will discuss the project in detail at its Nov. 12 meeting, although it's unclear whether foundation officials will attend the meeting.

Mohegan Park committee member Brandon Hyde also is a Chelsea Gardens Foundation member.

Project opponents have criticized the city for allowing Hyde to serve on the Mohegan Park committee as well as the city Inland Wetlands and Watercourses Commission.

Two abutting neighbors of the Chelsea Gardens portion of Mohegan Park complained to the committee that off-road vehicles have been using the area now that the trees have been cut.

Hyde said that is a problem throughout the 350-acre Mohegan Park, not just in the Chelsea Gardens area.

c.bessette@theday.com

Twitter: @Bessettetheday