Commissioner of Transportation v. Athanasia Leventis et al. (2010)

POST-HEARING ORDER

In regard to the court's consideration of the issue of reassessment of damages pursuant to General Statutes § 13a-76, the court orders that the involved parties file briefs addressing the value of the lease in question in order to allow the court to make a finding of the proper damages incurred by the appellant, Galena Associates, LLC.

Reference is made to Canterbury Realty Co. v. Jones, 153 Conn. 377, 216 A.2d 426 (1966);  Housing Authority v. Charter Oak Terrace/Rice Heights Center, Inc., 47 Conn.Sup. 505, 516, 810 A.2d 333 (2002);  Waesche v. Redevelopment Agency, 155 Conn. 44, 229 A.2d, 352, 354 (1967);  Comm. of Transportation v. Rocky Mountain, LLC, 277 Conn. 696, 728-29, 894 A.2d 259 (2006).

The court, furthermore, specifically requests that independent appraisals be furnished by both parties that indicate the fair market value of the lease enjoyed by the appellant Galena Associates, LLC. These appraisals should consider all elements legitimately affecting the value of the lease that might be considered by the court, pursuant to Northeast Ct. Economic Alliance, Inc. v. ATC Partnership, 272 Conn. 14, 861 A.2d 473 (2004).

Parties' reply briefs must be received by May 21, 2010 and upon the court's satisfactory review of same, the court will order a hearing in order to make a determination of the proper assessment of damages under General Statutes § 13a-76.

Freed, JTR

Freed, Samuel, J.T.R.