Pequonnock Yacht Club, Inc. v. City of Bridgeport

790 A.2d 1178, 259 Conn. 592, 2002 Conn. LEXIS 88
CourtSupreme Court of Connecticut
DecidedMarch 5, 2002
DocketSC 16500
StatusPublished
Cited by27 cases

This text of 790 A.2d 1178 (Pequonnock Yacht Club, Inc. v. City of Bridgeport) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pequonnock Yacht Club, Inc. v. City of Bridgeport, 790 A.2d 1178, 259 Conn. 592, 2002 Conn. LEXIS 88 (Colo. 2002).

Opinion

Opinion

SULLIVAN, C. J.

The defendants, the city of Bridgeport (city), the Bridgeport redevelopment agency (agency) and the Bridgeport port authority (authority), appeal from the judgment of the trial court, rendered after a court trial, granting a mandatory injunction ordering them to reconvey to the plaintiff, Pequonnock Yacht Club, Inc., certain real property taken by eminent domain. The defendants appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. We affirm the judgment of the trial court.

In their appeal, the defendants claim that the trial court improperly: (1) concluded that the taking of the plaintiffs property by eminent domain was not legally necessary for the accomplishment of the city’s redevelopment plan because the plan was purely speculative; (2) based that decision on evidence that a redeveloper chosen by the defendants to develop the renewal area was not able to perform its development plan and, therefore, was discharged by the defendants; and (3) found that the plaintiff was not legally required to allege and [594]*594prove that it would suffer irreparable harm before the court could issue mandatory injunctive relief. The plaintiff argues, to the contrary, that the trial court appropriately concluded that the defendants improperly refused to attempt to integrate the plaintiffs property into the redevelopment plans. We affirm the trial court’s judgment on the alternate ground that the defendants’ failure to consider integration of the plaintiffs property into the redevelopment plan was unreasonable and, therefore, the taking of the plaintiff’s property by eminent domain was not necessary. Accordingly, we need not address the three issues that the defendants raise on appeal.

The trial court reasonably found the following facts. The plaintiff initially brought an action against the defendants seeking a temporary and permanent injunction preventing them from taking the plaintiffs property by eminent domain. Before any hearing in that action, the city acquired title to the plaintiffs property by eminent domain, and the plaintiff alternatively sought a mandatory injunction ordering the defendants to reconvey the plaintiffs property.

The plaintiffs property consists of two acres and has been owned and operated by the plaintiff as a 250 member private yacht club and marina for nearly ninety-five years. Located at 66 California Street in Bridgeport, the property is composed of a two-story clubhouse containing a bar, restaurant, recreation and meeting rooms, docks containing 196 boat slips, a gas dock, which is open to the public, and a storage area for those boats that are removed from the water during the winter. Open all year round, the club is chartered for 250 dues paying members. Members of the public are, however, allowed to enter the premises but not the dock area, and they may purchase food and beverage items as long as a member signs them in. The buildings and docks on the premises are in good condition. There is ample [595]*595parking on the premises and in two lots across from the clubhouse.

The property in question is part of a larger fifty acre site known as Steel Point, which is the subject of the East Side NDP No. 1 Urban Renewal Plan Amendment No. 8. The plan originally was adopted in 1970 and has been revised eight times. Approximately ten acres of the Steel Point site are situated on Bridgeport Harbor comprising six separate water dependent users, one of which is the plaintiff. The remaining forty upland acres are generally in a blighted condition, and many of the buildings on those properties already have been demolished. The original renewal plan and its first seven amendments did not provide for the acquisition of the ten acres owned by the six water dependent users. In 1998, the city was negotiating with Alex Conroy, who eventually was designated as the city’s developer. Conroy and the city concluded that the scope of the project and the need for financial support made it necessary to acquire all the properties in the “East Side NDP Area No. 1,” including the waterfront properties. Accordingly, the city adopted amendment 8, which included the taking by eminent domain of all fifty acres of Steel Point, including the waterfront properties. After amendment 8 was passed, the city hired TPA Design Group (TPA) to assist the six water dependent users to find suitable relocation sites in the event of condemnation.

Upon the city’s decision to acquire the plaintiff’s property, the plaintiff commenced the injunction action underlying this appeal. During the pendency of the action and while TPA and the plaintiff were attempting to find an alternate site for the yacht club, the parties agreed to the plaintiff’s request for a temporary injunction barring the taking. The trial court found that the plaintiff had made numerous efforts to discuss with the defendants the integration of its property into the Steel Point redevelopment plan. The plaintiff had clearly indi[596]*596cated that it was willing to invest in its property and work with the developer to assimilate the property into the overall plan. The city routinely and consistently rejected the plaintiff’s efforts to negotiate and maintained that it needed to take the plaintiffs property. The negotiations pertaining to an alternate site for the yacht club broke down in 1999. The trial court specifically found that although the defendants had made an honest effort to find a suitable substitute location for the yacht club, none was available. In March, 2000, while the action was pending, the agency formally initiated condemnation of the plaintiffs property by filing a certificate of taking in the Bridgeport land records.1

The plaintiff subsequently filed an amended complaint challenging the city’s decision to take its property and requesting that the trial court restore title to the [597]*597property to it. The trial court heard evidence on August 7 and 8, 2000. After the taking of testimony had been completed but before a decision had been rendered, the trial court learned that the city had dismissed Conroy, the designated developer, from the redevelopment project and that the redevelopment project might be abandoned. The trial court then held a posttrial hearing on December 15, 2000.

The only witness to testify on December 15,2000, was Michael Freimuth, the city’s redevelopment director. Freimuth testified that Conroy and his partners had withdrawn from the redevelopment project. He stated, however, that the defendants had not abandoned the redevelopment project for Steel Point and were still pursuing it. He testified that the city currently was soliciting new proposals and that the deadline for filing proposals would be January 31, 2001. Freimuth further testified that the development now would be commercial rather than retail because it was obvious that Conroy had withdrawn from the project because it was difficult to obtain an adequate number of investors. He also indicated to the court that the defendants had not considered allowing the plaintiff to remain on its property or assimilating the property into whatever proposal might be approved. The trial court concluded at the hearing that the issue of assimilation was at the heart of the controversy and offered the parties two alternative resolutions. The first option was for the court to decide the case on the evidence presented.

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Cite This Page — Counsel Stack

Bluebook (online)
790 A.2d 1178, 259 Conn. 592, 2002 Conn. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pequonnock-yacht-club-inc-v-city-of-bridgeport-conn-2002.