A court hearing is expected to be scheduled for next week in New London Superior court in the dispute over the Chelsea Gardens botanical gardens project, according to the attorney for the neighbor who filed suit in an attempt to stop the project.

Attorneys for the Chelsea Gardens Foundation and Butternut Drive resident Charles Evans participated in a telephone conference call with New London Superior Court Judge Emmet Cosgrove Tuesday.

Evans' attorney, Keith Ainsworth of Simsbury, said after the conference that the parties could not reach an agreement and a hearing is expected to be held next week.

Chelsea Gardens' attorney Jeffrey McDonald could not be reached for comment.

A hearing date was not posted on the state judicial website later Tuesday.

The project to build an $18 million to $20 million botanical garden on 80 acres in Mohegan Park off Wilderness and Judd roads has been in the planning stages for more than 20 years.

While no one objected to the 1994 lease with the city or during permit hearings, Evans and others raised objections this spring when six acres were cleared for the first phase buildings, parking lots and the main entrance.

Evans filed suit seeking a stop-work order, arguing that the foundation has no major funding to start building the project and that the work is illegal, since planning permits expired in May, because no work was done during a two-year approval window.

City officials and foundation leaders countered that tree cutting is governed by state forestry management statutes, not planning and zoning offices.

c.bessette@theday.com

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