Halloran v. Town of North Canaan

630 A.2d 145, 32 Conn. App. 611, 1993 Conn. App. LEXIS 383
CourtConnecticut Appellate Court
DecidedAugust 24, 1993
Docket11695
StatusPublished
Cited by6 cases

This text of 630 A.2d 145 (Halloran v. Town of North Canaan) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halloran v. Town of North Canaan, 630 A.2d 145, 32 Conn. App. 611, 1993 Conn. App. LEXIS 383 (Colo. Ct. App. 1993).

Opinion

Landau, J.

The plaintiffs, Michael Halloran and George Jones, appeal from the judgment of the trial court denying their request for a declaratory judgment. On appeal, the plaintiffs claim that the trial court improperly concluded that (1) the town voted to purchase and negotiated a price to purchase the property prior to initiating condemnation proceedings, (2) the taking was not void because the town had voted to purchase and to negotiate a price for the property, and (3) the town had authorized the town attorney to negotiate the price of the easement. We affirm the judgment of the trial court.

The trial court found the following facts. The plaintiffs own property in the town of North Canaan on which they built two residential buildings. The plaintiffs planned to build two more residential buildings when 70 percent of the units in the first two buildings was sold. In September, 1989, the department of environmental protection (DEP) ordered the defendant town of North Canaan to construct facilities to provide a sewer connection from Patty Lane to the Canaan fire district sewage system. The town hired an engineer to prepare engineering plans for the sewer connection. The plans called for an easement across the plaintiffs’ property for a gravity feed sewer line. The DEP and the North Canaan inland wetlands commission approved these plans. On February 9, 1989, at a special town meeting, a resolution was passed authorizing the first selectman to secure funds for the sewer project and to expend appropriations to complete the project.

After the DEP approved the project, North Canaan town attorney Catherine Roraback was instructed to [613]*613obtain the necessary easements from the plaintiffs. She sent a letter to Jones, which he forwarded to his attorney, Herbert Isaacson, who was acting on the plaintiffs’ behalf. Jones told Isaacson that he did not agree with the location of the easement, he was concerned about the effect that this easement would have on the plaintiffs’ plans to construct the two additional buildings on the property, and he wanted reimbursement from the town for “additional expenses.” Isaacson contacted Roraback and conveyed the plaintiffs’ concerns. Specifically, he told Roraback that the plaintiffs wanted to change the location of the easement and $5000, and they wanted an assurance from the town that the easement would not affect the plaintiffs’ future construction plans. Roraback told Isaacson that a change in location was not possible and she would need documentation to support the demand for $5000. Isaacson did not supply the documentation to justify the $5000 demand. Roraback, however, informed Isaacson that if the plaintiffs would accept $2500, she would obtain authority from the first selectman to offer that amount. In May and June of 1989, Roraback told Isaacson that if the plaintiffs accepted the $2500, the town would not initiate condemnation proceedings. Isaacson never indicated to Roraback whether the plaintiffs would accept that offer.

At a special town meeting on June 21,1989, the electors and citizens of North Canaan authorized the selectmen “to institute such proceedings (including condemnation) as may be necessary against Michael Halloran and George W. Jones . . . required for the purpose of acquiring temporary and permanent easements . . . for the installation [and] maintenance of a sewer line to service houses on Patty Lane . . . .” Condemnation proceedings were commenced resulting in the taking of the plaintiffs’ property. This appeal ensued.

[614]*614The plaintiffs first claim that the trial court improperly concluded that the town voted to purchase the property prior to initiating condemnation proceedings. We disagree.

Where the legal conclusions of the trial court are challenged on appeal, those conclusions are subject only to the test of abuse of discretion. State v. Arbour, 29 Conn. App. 744, 747, 618 A.2d 60 (1992). “Discretion means a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice. . . . The salient inquiry is whether the court could have reasonably concluded as it did. . . .It goes without saying that the term abuse of discretion does not imply a bad motive or wrong purpose but merely means that the ruling appears to have been made on untenable grounds.” (Citations omitted; internal quotation marks omitted.) Id., 748. “In determining whether the trial court has abused its discretion, we must make every reasonable presumption in favor of the correctness of its action.” E. M. Loew’s Enterprises, Inc. v. Surabian, 146 Conn. 608, 612, 153 A.2d 463 (1959). Our review of a trial court’s exercise of the legal discretion vested in it is limited to the questions of whether the trial court correctly applied the law and could reasonably have reached the conclusion that it did. Timm v. Timm, 195 Conn. 202, 210, 487 A.2d 191 (1985).

General Statutes § 48-6 (a), which governs municipal condemnation proceedings, provides that “[a]ny municipal corporation having the right to purchase real property for its municipal purposes which has, in accordance with its charter or the general statutes, voted to purchase the same shall have power to take or acquire such real property, within the corporate limits of such municipal corporation, and if such municipal corporation cannot agree with any owner upon the amount to be paid for any real property thus taken, [615]*615it shall proceed in the manner provided by section 48-12 within six months after such vote or such vote shall be void.” “Section 48-12 of the General Statutes authorizes the condemnation of land if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property thus taken. Thus, inability to agree with the owner of property sought to be condemned is a condition precedent to condemnation under the statute. West Hartford v. Talcott, 138 Conn. 82, 89, 82 A.2d 351 [1951]. Inability to agree may be shown by any testimony evincive of the fact. Williams v. Hartford & N.H.R. Co., 13 Conn. 397, 409 [1840]. The condemnor must exhaust all reasonable efforts to obtain the land by agreement. West Hartford v. Talcott, supra. But the law does not require the performance of a useless and futile act. 6 Nichols, Eminent Domain (3d Ed.) § 24.62[1], p. 58; see Trinity College v. Hartford, 32 Conn. 452, 481 [1865]; West Hartford v. Talcott, supra. In seeking to prevent condemnation, the owner of property demonstrates his inability to agree within the meaning of the statute. Trinity College v. Hartford, supra; 6 Nichols, op. cit. § 24.622.” Darien v. Kavookjian, 151 Conn. 659, 661, 202 A.2d 147, cert. denied, 379 U.S. 840, 85 S. Ct. 77, 13 L. Ed. 2d 46 (1964).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reynolds v. Reynolds
85 A.3d 350 (Court of Special Appeals of Maryland, 2014)
Boswell v. Boswell
701 A.2d 1153 (Court of Special Appeals of Maryland, 1997)
Statewide Grievance Committee v. Spirer
699 A.2d 1047 (Connecticut Appellate Court, 1997)
Chin v. Pozzi, No. Nhcv91-318389 (Jul. 25, 1995)
1995 Conn. Super. Ct. 8181 (Connecticut Superior Court, 1995)
North v. North
648 A.2d 1025 (Court of Special Appeals of Maryland, 1994)
Maluszewski v. Allstate Insurance
640 A.2d 129 (Connecticut Appellate Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
630 A.2d 145, 32 Conn. App. 611, 1993 Conn. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halloran-v-town-of-north-canaan-connappct-1993.