Date: 12-01-1998

Case Style: City of Bristol, et al v. Sebastiano A. Milano et al

Case Number: CV970572222S

Judge: William C. Bieluch, Judge Tria

Court: Superior Court, Judicial District of Hartford, Connecticut

Plaintiff's Attorney: Anthony A. Denorfia

Defendant's Attorney: Bingham Dana , Hartford, Connecticut; and John T. Nugent , Southington, Connecticut, for the town of Southington.

Description: 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 agreement that the highest and best use of the property was in the continuation of its present residential use. Milanos' appraiser noted that the city was acquiring the right ot pollute the groundwaters and that this would automatically create a stigma to the property. He settled upon a figure of $83,500 damages. The city's appraiser put the damage value at $8,000. Milanos' appealed.

Outcome: The court entered judgment for the Milanos, with damages assessed at $34,000, less the $8,000 previously paid by the city, plus interest.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: In hearing the Milanos appeal, The Superior Court of Connecticut, Judicial District of Hartford made note of a "unique and misdirected procedure history" of the action of the condemnation under the direction of the court clerk, and designated the Milanos as appellants and Bristol as appellee. See: 732 A.2nd 835 (Conn.Super.1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.