The court challenge by a neighbor attempting to stop development of the proposed Chelsea Gardens botanical garden project in Mohegan Park in Norwich will be tried in New London Superior Court, after a judge last week denied a request to move the civil trial to the land use litigation court in Hartford.

Judge Marshall K. Berger denied the request filed by attorney Keith Ainsworth, representing Charles Evans of 49 Butternut Drive, to move the case to the Hartford court. Berger did not cite reasons in his ruling.

Ainsworth had argued that the case involved land use issues, including allegations that the tree cutting at the project site, leased by the Chelsea Gardens Foundation from the city, was harming wetlands and was being done despite expiration of planning development permits.

Chelsea Gardens Foundation attorney Jeffrey McDonald argued that moving the case would be inconvenient, because nearly all witnesses, including the engineering firm, are from the Norwich area.

McDonald also argued that three New London Superior Court judges have presided over attorney conferences and hearings and court officials there have become familiar with the case.

No court dates are scheduled for the civil trial.

c.bessette@theday.com

Twitter: @Bessettetheday