Judge dismisses lawsuit against Chelsea Gardens project in Norwich
Norwich — A New London Superior Court judge Wednesday dismissed a court challenge to the Chelsea Gardens proposed botanical gardens project after the attorney for project neighbor Charles Evans, who had filed the suit, withdrew from the case.
Evans had filed suit claiming Chelsea Gardens Foundation violated state environmental laws and its local planning and inland wetlands permits last spring when the nonprofit cut 6 acres of trees on the 80-acre parcel in Mohegan Park leased from the city.
Evans’ request for a temporary injunction to stop work was denied in September after a two-day hearing in New London Superior Court.
Judge Leeland Cole-Chu Wednesday granted a “motion for default-failure to appear” filed Jan. 5 by attorneys representing Chelsea Gardens Foundation after Evans’ attorney, Keith Ainsworth, withdrew from the case in November.
In his order, Cole-Chu found that Evans was given “reasonable” notice of Ainsworth’s plan to withdraw from the case and also had “reasonable time” to file an appearance in court after the withdrawal.
Evans could not be reached for comment Wednesday. Chelsea Gardens officials also could not be reached.
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