Eureka V LLC v. Town of Ridgefield

289 F.R.D. 27, 2012 WL 4487718, 2012 U.S. Dist. LEXIS 140910
CourtDistrict Court, D. Connecticut
DecidedSeptember 28, 2012
DocketCiv. No. 3:02CV356 (HBF)
StatusPublished
Cited by1 cases

This text of 289 F.R.D. 27 (Eureka V LLC v. Town of Ridgefield) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eureka V LLC v. Town of Ridgefield, 289 F.R.D. 27, 2012 WL 4487718, 2012 U.S. Dist. LEXIS 140910 (D. Conn. 2012).

Opinion

RULING ON PENDING MOTIONS

HOLLY B. FITZSIMMONS, United States Magistrate Judge.

Pending before the Court are several motions, including defendants’ motion for judgment [Doc. # 266], plaintiffs motion for permission to file supplemental memorandum in opposition to motion for judgment and in support of motion to amend complaint [Doc. #289], and plaintiffs motion to amend/correct the amended complaint [Doc. #291], At the outset, the Court terminates as moot plaintiffs motion for permission to file supplemental memorandum in opposition to motion. [Doc. # 289]. The arguments set forth in the supplemental memorandum are duplicative of those set out in the motion to amend, which arguments have been duly considered by the Court in deciding the motion for judgment.

This is an action filed in February 2002 to enjoin the defendants from taking by eminent domain the plaintiffs real property in Ridgefield, CT and implementing the Bennett’s Farm Corporate Park Preliminary Project Plan (“Project Plan”).1 [Doc. # 154, Third Amended Complaint; Doc. # 210, Mem. of Dec. Summary Judgment]. Plaintiff, a real estate developer and owner of 155 acres of property located in the South Parcel of the Bennett’s Farm Property (“BFP”), makes allegations concerning the defendants’ proposed taking of the South Parcel and/or efforts to implement the Project Plan. In its Third Amended Complaint, filed on October 17, 2007, plaintiff asserted four claims against defendants:

—Count One, to enjoin implementation of the Bennett’s Farm Preliminary Project Plan pursuant to Conn. Gen. Stat. Chapter 132;
—Count Two, to enjoin taking by eminent domain of the South Parcel;
—Count Three and Count Four, violations of the Fair Housing Act, 42 U.S.C. §§ 3604 and 3617.

Count Three alleged that defendants’ use of eminent domain violated federal law in that it prevented families from moving into the Town of Ridgefield or sought to prevent the perceived fiscal consequences of these families moving into Ridgefield. Count Four alleged that by eliminating the specified residential uses from the Corporate Development District, the Town sought to interfere with and preclude future applications for affordable housing on the property.

Defendants’ motion for summary judgment on all counts was granted in part and denied in part by Judge Squatrito in February 2011. [Doc. # 210]. More specifically, Judge Squatrito granted summary judgment as to Counts Three and Four of the Complaint, and denied summary judgment as to Counts One and Two. On May 20, 2011, the parties filed a joint trial memorandum [Doe. # 231] and, shortly thereafter, the case was transferred to the undersigned for all further proceedings [Doc. #236]. On June 6, 2011, a bench trial was tentatively scheduled to begin on October 3, 2011. [Doc. #244]. On September 2, 2011, defendants filed a sealed offer of judgment in which defendants agreed to the entry of injunctive relief on Counts One and Two without conceding liability. [Doc. #257], Plaintiff rejected the offer on September 7, 2011. [Doc. #261]. On September 12, 2011, defendants subsequently moved for judgment on Counts One and Two. [Doc. #266]. On February 7, 2012, while the motion for judgment was pending, plaintiff filed a motion to amend/correct complaint. [Doc. # 291], First, the Court addresses the plaintiffs motion to amend/correct the complaint.

I. RULING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND AND/OR SUPPLEMENT THE THIRD AMENDED COMPLAINT [DOC. # 291]

Nine years after this action was filed, three and a half years after the Third [31]*31Amended Complaint was filed, two and a half years after the withdrawal of the Project Plan, seven months after a summary judgment ruling, and four months after the parties submitted their joint trial memorandum and evidentiary objections, plaintiff now seeks to amend its complaint in several ways. First, it seeks to add allegations regarding the Town’s consideration of and vote to appropriate funds to purchase an unrelated property from Sehlumberger Technology Corp. (“Sehlumberger property”). Plaintiff maintains that the Town’s “collective motive” for acquiring this property is to prevent affordable housing development and argues that the “parallels between the Defendants’ efforts to take Eureka’s property by eminent domain and the Defendants’ acquisition of the Sehlumberger property are striking”. [Doc. #291-1], Second, plaintiff seeks to add allegations concerning defendants’ alleged plans to pursue a moratorium against the filing of applications under Connecticut’s Affordable Housing Appeals procedure. Plaintiff argues that this moratorium “may apply to Eureka’s site plan applications and could deprive Eureka of the burden-shifting benefits of Connecticut’s affordable housing statute”. [Doe. # 291-1 at 3]. Third, plaintiff seeks to add allegations concerning the Town’s withdrawal of the Project Plan in 2009, within weeks of the case becoming trial ready. Fourth, plaintiff seeks to expand the injunctive relief sought and to add a declaratory judgment count pertaining to the Town’s future actions vis-á-vis affordable housing on Eureka’s property.

Defendants oppose plaintiffs motion to amend, arguing that the amendments should be denied as improper, futile and unduly prejudicial. Defendants argue that Eureka is seeking to amend “because Eureka is desperately looking for a way to force trial so that it can have an opportunity for a finding of bad faith to somehow be used as a sword against land use boards that are not even parties to this lawsuit.” [Doc. # 275 at 4]. In support of their opposition, defendants have provided the affidavit of First Selectman Rudolph P. Marconi. [Doc. #298-1 at 13-18].

A. LEGAL STANDARD

Federal Rule of Civil Procedure 15(a) provides that any time after a responsive pleading is served, a party must seek leave from the court to amend a pleading. Fed. R.Civ.P. 15(a). Rule 15(a)(2) specifically states that the “court should freely give leave when justice so requires.” Fed.R.Civ.P. 15(a)(2). However, in Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962), the Supreme Court stated that denial of a Rule 15(a) motion may be appropriate in instances of “undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc. ...” Id. at 182.

Federal Rule of Civil Procedure 15(d) provides that the “court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented.” Fed.R.Civ.P. 15(d).

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Bluebook (online)
289 F.R.D. 27, 2012 WL 4487718, 2012 U.S. Dist. LEXIS 140910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eureka-v-llc-v-town-of-ridgefield-ctd-2012.