Connecticut Eminent Domain Law
 

Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC

Second Circuit Court of Appeals - New York, New York

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it... More...
   $0 (10-11-2017 - CT)

United States v. Ganias

In August 2003, agents of the U.S. Army Criminal Investigation Division
(“Army CID”) received an anonymous tip that Industrial Property Management
(“IPM”), a company providing security for and otherwise maintaining a
government-owned property in Stratford, Connecticut, pursuant to an Army
contract, had engaged in misconduct in connection with that work. In particular,
the... More...
   $0 (05-30-2016 - CT)

Carmen L. Lopez v. Board of Education of the City of Bridgeport, et al.

An action seeking a writ of quo warranto
provides a ‘‘limited and extraordinary remedy’’
that is the ‘‘exclusive’’ avenue under both the common
law and General Statutes § 52-4911 for judicial review of,
inter alia, a person’s qualifications to hold a particular
public office. (Internal quotation marks omitted.) Bateson
v. Weddle, 306 Conn. 1, 10–11, 48 ... More...
   $0 (11-26-2013 - CT)

Lost Trail, LLC v. Town of Weston

Approximately fifteen years ago, the plaintiff, Lost Trail, LLC (Lost Trail), purchased two adjacent parcels of land in the town of Weston (town). Lost Trail’s apparent intention was to divide the aggregated land into four lots suitable for building under the town’s zoning regulations. After Lost Trail reconfigured its property, consistent with this purpose, town officials informed Lost Trail ... More...    $0 (01-10-2013 - CT)

John A. O'DEell v. Kenneth Kozee

The principal issue in this certified appeal is whether Connecticut’s Dram Shop Act (act),1 General Statutes § 30-102,2 requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated3 when sold alcoholic liquor in order to prevail on a claim against the purveyor of alcoholic liquor for injuries sustained as a result of the patron’s intoxication.

The plaint... More...
   $0 (10-08-2012 - CT)

Tamos Biro v. Victor H. Matz

This appeal originates from a contract for the purchase of commercial real estate in Danbury that was deeded to the buyers. The buyers appeal from the trial court’s judgment granting the sellers’ motion for summary judgment. On appeal, the buyers claim the court erred in finding there was no material question of fact with respect to their claims of breach of contract, negligent misrepresentati... More...    $0 (11-27-2011 - CT)

Wiacek Farms, LLC v. City of Shelton

The defendant Mark A. Lauretti1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court.

The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347, 350, 963 ... More...
   $0 (11-11-2011 - CT)

Robert B. Barton v. City of Norwalk

The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata and ... More...    $0 (09-27-2011 - CT)

Patricia Dayner v. Archdiocese of Hartford

This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts’ subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and Fathe... More...    $0 (08-02-2011 - CT)

Paul Bonington v. Town of Westport

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag... More...    $0 (07-06-2010 - CT)

John G. Voris v. Middlesex Mutual Assurance Company

The plaintiffs, John G. Voris and Joan Voris, appeal1 from the summary judgment rendered by the trial court in favor of the defendants, Middlesex Mutual Assurance Company (Middlesex) and Middle Oak Company (Middle Oak), in the plaintiffs’ action seeking a declaration requiring the defendants to provide the plaintiffs with underinsured motorist benefits. This case presents three issues on appeal,... More...    $0 (07-20-2010 - CT)

New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs... More...    $0 (02-16-2010 - CT)

19 Perry Street, L.L.C. v. The Unionville Water Company, et al.

The defendant, The Connecticut Water Company,1 appeals2 from the judgment of the trial court, which found that the defendant had breached its lease agreement (lease) with the plaintiff, 19 Perry Street, LLC, and ordered immediate possession of the leased premises in favor of the plaintiff. On appeal, the defendant claims that the trial court improperly: (1) interpreted paragraph five of the lease,... More...    $0 (01-25-2010 - CT)

City of Milford v. Helen F. Maykut, et al.

The plaintiff, the city of Milford, appeals from the judgment of the trial court increasing the amount of compensation payable to the defendants1 by the plaintiff in connection with the condemnation of certain real property. The plaintiff claims that the court improperly awarded the defendants compensation for the diminution in value of a hypothetical lot of a subdivision when there was no evidenc... More...    $0 (09-22-2009 - CT)

Arnold Peck v. Milford Hunt Homeowners Association, Inc.

The defendant, the Milford Hunt Homeowners Association, Inc., appeals from the judgment of the trial court, rendered after a trial to the court, resolving a dispute over a billboard lease in favor of the plaintiff, Arnold Peck. The defendant claims that the court (1) failed to apply the provisions of General Statutes § 47-2471 properly so as to allow the termination of the lease and (2) improperl... More...    $0 (09-02-2008 - CT)

New England Estates v Town of Branford

The Town of Branford decided that it did not want New England Estates, which had an option to purchase 77 acres owned by Santa Barbara and Perrotti, to develop the land for multi-family housing, so it took the land by eminent domain in 2004. Branford claimed that it had to take the land because it was located next to the town's landfill, and that resicential development might result in lia... More...    $19000000 (09-14-2007 - CT)

Town of Branford, Connecticut v. Thomas Santa Barbara, Jr., Frank Perrotti, Jr. and New England Estates

The Town of Branford decided that it did not want Thomas Santa Barbara, Jr., Frank Perrotti, Jr. and New England Estates to develop land owned by them near the town landfill so it filed a condemnation action seeking to acquire the 77 acre property by eminent domain in 2004. Branford took the land, located next to the town's landfill, to protect the health and safety of future residents and to p... More...    $19000000 (09-14-2007 - CT)

Leo Gold, et al. v. Town of East Haddam

The plaintiffs, Leo Gold, Joan S. Levy and Harold Bernstein and Joseph Lieberman, executors of the estate of Bernard Manger, filed this action seeking to enjoin the defendant, the town of East Haddam, from acquiring their property by eminent domain on the ground that the defendant did not timely file its statement of compensation with the trial court. The plaintiffs appeal from the summa... More...    $0 (08-21-2007 - CT)

Kelo, et al. v. City of New London

In 2000, the city of New London approved a development
plan that, in the words of the Supreme Court of Connecticut, was "projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas." 268 Conn. 1, 5, 843 A. 2d 500, 507 (2004). In assembling the land needed for this project, the... More...
   $0 (06-24-2005 - CT)

Commissioner of Transportation v. Bakery Place Limited Partnership, et al.

In this condemnation action, the plaintiff, the commissioner of transportation (commissioner), appeals from the judgment of the trial court rendered in favor of the defendant Bakery Place Limited Partnership (defendant).1 On appeal, the commissioner claims that the court improperly (1) took judicial notice of the fact that asbestos in the property acquired by eminent domain could have been ... More...    $0 (06-14-2004 - CT)

Connecticut Coalition AGainst Millstone, et al. v. Arthur J. Rocque, Jr., Commissioners of Environmental Protection, et al.

The principal issue in this appeal is whether the plaintiffs1 have standing under General Statutes § 22a-162 to bring an action directly in the Superior Court against the defendants3 for declaratory and injunctive relief from alleged violations of the federal Clean Water Act, 33 U.S.C. § 1251 et seq. The plaintiffs claim that the operations of the Millstone Nuclear Power Generating Stati... More...    $0 (12-21-2003 - CT)

Velvet Claud-Chambers, et al. v. City of West Haven, et al.

This is an appeal from the summary judgment rendered against the plaintiffs1 and in favor of the defendants2 in an inverse condemnation proceeding. Specifically, the plaintiffs claim that an unconstitutional taking of their private property occurred and that the trial court improperly determined that there were no genuine issues of material fact.3 We affirm the judgment of the trial cour... More...    $0 (09-17-2003 - CT)

Town of Montville v. Leo Antonio, et al.

In this eminent domain action, initiated pursuant to General Statutes § 7-247, the plaintiff, the town of Montville (town), appeals from the judgment rendered following a trial to the court. On appeal to this court, the town claims that the trial court improperly (1) denied its motion to correct and alter the court's memorandum of decision, and (2) determined the damages sustained by the... More...    $450000 (07-07-2003 - CT)

Richard Preston v. Paul J. O'Rourke

The plaintiff, a former prosecutor, initiated this action against the defendant, asserting claims of intentional infliction of emotional distress, negligent infliction of emotional distress, libel and slander. The plaintiff's allegations were based on statements made by the defendant in preparation for and during an arbitration hearing wherein the plaintiff challenged the decision of the di... More...    $0 (12-19-2002 - CT)

Cumberland Farms, Inc. v. Town of Groton

The plaintiff, Cumberland Farms, Inc., appeals1 from the judgment of the trial court rendered in favor of the defendant, the town of Groton (town). The plaintiff initiated the present action against the town, alleging that the denial of its application for a zoning variance by the town's zoning board of appeals (board) effected an inverse condemnation2 of its property entitling the plaintif... More...    $0 (11-18-2002 - CT)

Pequonnock Yacht Club, Inc. v. City of Bridgeport

The defendants, the city of Bridge-port (city), the Bridgeport redevelopment agency (agency) and the Bridgeport port authority (authority), appeal from the judgment of the trial court, rendered after a court trial, granting a mandatory injunction ordering them to reconvey to the plaintiff, Pequonnock Yacht Club, Inc., certain real property taken by eminent domain. The defendants appealed fr... More...    $0 (03-05-2002 - CT)

ATC Partnership v. Town of Windham, et al.

The plaintiff, ATC Partnership, appeals from the judgment of the trial court in favor of the defendants1 in an action of replevin to regain possession of certain machinery and equipment. The plaintiff claims that the court improperly (1) concluded that the plaintiff's property was not wrongfully detained because the defendant town of Windham (town) seized that property pursuant to an alias ... More...    $0 (08-03-2002 - CT)

Maharishi School of Vedic Sciences, Inc. v. connecticut Consitution Associates Limited Partnership

The dispositive issue in this appeal is whether the trial court properly determined that an agent of the plaintiff, Maharishi School of Vedic Sci-ences, Inc. (Connecticut), had the authority to bind the plaintiff to a settlement agreement with the defendant, Connecticut Constitution Associates Limited Partner-ship, and a third party, General Electric Capital Corpo-ration (General Electric).... More...    $0 (07-01-2002 - CT)

City of Bristol, et al v. Sebastiano A. Milano et al

The City of Bristol moved to take Milanos' groundwater rights by eminent domain in connection with the closing of a landfill. The taking affected premises of the Milanos consisting of approximately 5.98 acres of residential property. The dwelling is a large custom built log home in a well maintained and groomed park-like setting with rolling topography, a river, and wetlands. Both parties were in... More...    $34000 (12-01-1998 - CT)

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