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New England Estates v Town of Branford

Date: 09-14-2007

Case Number: X01 CV03

Judge: William T. Cremins, Jr.

Court: Superior Court, Hartford County, Connecticut

Plaintiff's Attorney: <P>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.

About This Case

What was the outcome of New England Estates v Town of Branford?

The outcome was: 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.

Which court heard New England Estates v Town of Branford?

This case was heard in Superior Court, Hartford County, Connecticut, CT. The presiding judge was William T. Cremins, Jr..

Who were the attorneys in New England Estates v Town of Branford?

Plaintiff's attorney: James Bergenn of Shipman & Goodwin, LLP, Hartford, Connecticut. Defendant's attorney: Kerry Callahan of Updike, Kelly & Spellacy, P.C., Hartford, Connecticut.

When was New England Estates v Town of Branford decided?

This case was decided on September 14, 2007.