New London — The Planning and Zoning Commission’s rejection of zoning amendments that would have allowed a proposed affordable-housing complex to be built off Colman Street has led to an appeal in New London Superior Court.

Attorney Mathew Greene and F.W. Edgerton LLC, the entity that owns the former Edgerton School property and has proposed the housing complex, asked a judge this week to reverse the commission’s Nov. 17 decision based on a host of alleged improprieties by the commission. The suit was filed on Monday.

“In denying the application, the defendant, Commission exceeded its statutory authority and acted illegally, arbitrarily and abused its discretion in one or more of the following ways ...” attorney Edward B. O’Connell wrote in the suit.

Among the eight different allegations is the fact that two commission members failed to disclose “financial interests” in the area of proposed zoning changes prior to the start of a hearing, creating a conflict of interest.

Greene’s application was an attempt to rewrite the zoning regulations for the so-called C-2 zone, which bars housing developments in a swath of land along Colman Street. His application would have created rules to allow housing developments and allow a blending of residences into the commercial area. His experts testified the move was consistent with the city’s plan of development and a growing trend throughout the United States.

At Greene’s request, commission Chairman Barry Levine, with interest in the family-run car wash off of Colman Street, recused himself from the proceedings. Teresa Rakow, who said she leases property along the same stretch, did not recuse herself.

Greene represents F.W. Edgerton LLC, composed of the joint venture of Peabody Properties and Affordable Housing and Services Collaborative Inc. The two Massachusetts-based companied were enlisted by the New London Housing Authority to find a replacement site for the 124 families at the Thames River Apartments on Crystal Avenue. They purchased the former Edgerton School property at 24 Cedar Grove Ave. and already have conceptual plans for the replacement. The zone change is a step needed to submit those plans.

The suit also argues that two Republican members of the commission, Rakow and acting commission Chairman Karl Saszik, had another reason to recuse themselves: At one point during the lengthy public hearing process, Republican Town Committee Chairwoman Shannon Brenek submitted a memorandum stating the Republican committee’s opposition to the application.

Greene also claims the commission “failed to engage in meaningful discussion or make detailed findings in reaching its decision,” and “wrongfully disregarded Greene’s substantial expert evidence and testimony in support of the application,” according to the suit.

Greene has contended during the hearing that the decision should not have been based on emotion or swayed by neighbors opposing the proposed development. The commission was not supposed to consider any particular development when making its decision on the proposed zoning amendments.

Despite repeated warning from the commission to limit comments, however, the suit claims “numerous members of the public spoke about what they perceived to be a proposed affordable housing project on Edgerton’s property.”

“Thereafter, in making its decision, the Commission ignored its prior position and was wrongfully influenced by irrelevent comments by members of the public regarding a specific site, rather than the entire C-2 zone,” the suit alleges.

Greene alleges in his appeal that at a Sept. 15 meeting his request for postponement of the public hearing to gather further information initially was ignored by the commission, which welcomed public comment instead.

Both Greene and City Attorney Jeffrey Londregan declined comment because of the pending litigation. A court date has yet to be scheduled.

g.smith@theday.com