FAIRFIELD — A behind closed doors arbitration hearing scheduled for June 6-7 between the town and Julian Enterprises has been postponed to July due to a personal matter.

Tom Cotter, an attorney for Julian Enterprises, confirmed in an email that the arbitration scheduled for last week had been canceled due to a family-related event.

The arbitration hearing was supposed to be the continuation of a legal saga between the town and Julian. Judge Elaine Gordon, a former Connecticut Superior Court judge from 1988-2011, had been selected as the arbitrator.

First Selectman Mike Tetreau and Town Attorney Stanton Lesser also confirmed that the arbitration hearing had been postponed to July but still needed more information on exact dates.

Lesser, in early June, had confirmed that the town’s legal counsel had hired a court reporter to record the meeting.

The arbitration hearing takes place at a time when police have confirmed that a criminal investigation they undertook regarding alleged wrongdoing at the fill pile at Richard White Way has been forwarded to the State’s Attorney’s Office for review.

Police Chief Chris Lyddy has previously said the investigation was prompted when police received complaints from residents about the volume of material at the pile and the excessive truck traffic traveling in the beach area.

If the case merited probable cause, Lyddy said, it would be forwarded to the State’s Attorney’s Office, something that took place as early as mid-April.

The Day, a New London newspaper, quoted Lyddy as saying that the case was “far more complex than usual” and had been presented to the state’s attorney.

Lyddy confirmed to the Citizen that the police were “in consultation with the State Attorney’s Office.”

The legal back and forth between the town and the property management company goes all the way back to May 2017 when the town sued for breach of contract, claiming that Julian had not reduced the amount of construction debris at the Richard White Way fill pile.

Shortly thereafter, Julian countersued for defamation.

The two lawsuits were withdrawn in November as both parties chose to go into an arbitration hearing, a move that garnered criticism and pushback among members of the Board of Selectmen and Board of Finance.

An attempt by the town’s counsel to restore the case to the court docket in late January was turned down by Judge Barbara Ellis and the arbitration hearing was rescheduled for June.

humberto.juarez@hearstmediact.com