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Date: 09-14-2007

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

Case Number: Unknown

Judge: William T. Cremins, Jr.

Court: Superior Court, Hartford County, Connecticut

Plaintiff's Attorney:

James Bergenn of Shipman & Goodwin, LLP, Hartford, Connecticut

Defendant's Attorney:

Kerry Callahan of Updike, Kelly & Spellacy, P.C., Hartford, Connecticut

Description:

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 protect the town from liability.

Outcome: Plaintiffs verdict including NEE for $12. 4 million in lost profits and investment costs, the jury also awarded Santa Barbara and Perrotti $340,000 for fees they would have earned had the developer's option to buy the land for $4.7 million taken place.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None



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