As its first order of business at tonight’s Planning and Zoning Board meeting, the board went into executive session to discuss pending litigation by Colberg LLC against the City of Milford.

Colberg LLC has filed an appeal with the State Superior Court over the Planning and Zoning Board’s denial of its application to build a 23-unit housing complex on Pond Point Avenue.

The appeal was filed Jan. 8 at Milford Superior Court by Joseph A. Kubic of Harlow, Adams and Friedman, the attorney representing the developer.

Milford’s Planning & Zoning Board voted 5-1 in December to deny the housing application, with board members citing health and safety concerns. The plan had been filed under the state’s affordable housing law.