Date: 09-14-2007

Case Style: New England Estates v Town of Branford

Case Number: X01 CV03

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 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 liability to the Town if future residents became ill.

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: Carver Glezen, Triton Environmental, Guilford, Connecticut

Defendant's Experts:

David Hurley, LEP, Fuss & O'Neill, Manchester, Connecticut

Comments: The case was brought under 42 US Code Section 1983 for a bad faith taking. NEE alleged that the propoerty was not contaminated by th Town's landfill and taht the Town's reasons for using eminent domain had no legal or factual basis.