The Golf Club of Avon and JZMAR, LLC have sued the Avon Planning and Zoning Commission in an effort to appeal its July decision to .
The civil lawsuit claims that the commission's denial of the plan was "illegal" and "arbitrary" and that the requested zone change would comply town zoning regulations.
The commission discussed pending litigation for the civil lawsuit, filed Aug. 1, during executive session in Monday's special meeting.
Separately, the golf club and Avon developer Jon Zieky submitted new applications asking for the zone change and subdivision approval, but the commission rejected the request by a 4-3 vote Tuesday. If it had been approved, the commission would have set a public hearing for the applications.
Golf Club of Avon's property, which spans over 236 acres on Country Club Road, is currently zoned as open space.
The golf club agreed to sell him 6.25 acres for the development project.
Without zoning approval, Zieky can't build the five single-family homes he proposed or a sixth nearby because the 6.25 acres would need to be rezoned as residential (R40). Only "golf courses, playgrounds, recreation areas, parks and open space" are allowed in an open space zone, according to the court documents for the lawsuit.
In addition to purchasing golf club land, Zieky was planning to buy the tail end of Woodland Drive from Steven and Barbara Kulikowski as a part of his proposal to build five $1 million houses. He was also going to purchase an undeveloped lot on Pianeer Drive from Sarah Rubenfeld to build a sixth house.
Zieky and the Golf Club of Avon complained in the lawsuit that by rejecting the applications, the commission was "unconsitutional because it deprives the plaintiffs of all beneficial use of the Surplus Property."
When the commission rejected the applications July 17, the crux of the discussion addressed concerns raised in public comment. Residents living in the neighborhood abutting the golf course argued for preserving the land nearby as open space.
The case is ongoing. It could take as long as a year of litigation before a trial, Avon Town Planner Steven Kushner said.
Editor's Note: This article was last updated at 10:06 p.m. on Sept. 11.
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