Taber Gregory v. Roxanne Gregory (2010)

MEMORANDUM OF DECISION

The plaintiff, Taber Gregory, and the defendant, Roxanne Gregory, whose birth name was Roxanne Boccarossa, intermarried in Norwalk, Connecticut on November 23, 2001.   There are no children issue of the marriage and neither party has been the recipient of State or local welfare assistance.   The court has the requisite jurisdiction.

The plaintiff who is 41 and the defendant who is 50 have been married for approximately nine years.   They separated when this dissolution action was commenced by the plaintiff in January of 2009.

While the court has heard lengthy testimony of abusive conduct and vituperative language directed by the parties toward one another, this marriage has been of very limited duration (a little more than seven years).   Charges of dissipation of income by both parties was the recurrent theme.   An examination of the evidence leads the court to find that neither of the parties is blameless.   There were no issue of the marriage and there is significant disparity in the parties' ages.   While the wife, who has not enjoyed good health, embarked on a good faith endeavor to “turn around” husband's business (he had purchased his brother's interest for $250,000) the personalities of the parties were so inharmonious that a viable business became impossible.   It should be noted that the real property consists of two parcels of land, on which is situated an on-going sawmill business located in the Town of Wilton, in the name of Gregory Sawmill Holding Company, LLC, that has been in plaintiff's family for more than 100 years.   As a result of litigation with his brother Toby, the plaintiff became the equitable owner of the sawmill known as 1 and 25 Pimpewaug Road, Wilton, Connecticut, i.e., the two parcels and the sawmill.

Pursuant to the parties' oral agreement the defendant assumed responsibility for the operation of the sawmill by maintaining and supervising the office aspects of the business that had been neglected for some time, while the plaintiff assumed physical responsibility for the external operation of the business.   While this arrangement appeared to have success the bickering between the parties led to the financial collapse of the business.   There were allegations by both parties that each of them failed to account for cash payments and that the business was unsupervised.   While the defendant in her claims for relief seeks the sale of the business and an equal division of the proceeds of sale as well as an equal division of property known as 1 and 25 Pimpewaug Road such a Draconian measure is not warranted in view of the duration of the parties' marriage as well as their relationship during the marriage.   While the prospects of the business appear dark it is conceivable that with new management this sawmill, in operation for more than 100 years, might take on a new glow.

This court determines that the value of the sawmill and the real estate it occupies is $950,000.00.   The court has serious reservations as to the value of the sawmill as an on-going business because lately the management has been deficient.

The court carefully considered the criteria set forth in §§ 46b-81 and 82, Connecticut General Statutes, as well as the assets and income of the parties.

Orders

1. The marriage has broken down irretrievably and is dissolved.

2. The plaintiff shall pay to the wife the sum of $10,000 per year for a period of five years in monthly payments of $833.33 the first payment commencing September 1, 2010, said sum or duration shall be non-modifiable.

3. Any and all transfers as relates to the sawmill business and real estate are voided and said premises known as 1 and 25 Pimpewaug Road, Wilton shall be the exclusive property of the plaintiff and plaintiff shall prepare the necessary documents to effectuate same.   The defendant shall retain exclusive ownership and possession of real estate located at 140 Forest Avenue, New Canaan, Connecticut.   The effective date of these transfers shall be fifteen (15) days from the date of judgment and each party shall be responsible for any liabilities i.e., mortgages, taxes, insurance, etc.   Any adjustments shall be effective fifteen (15) days from the date of transfer.

4. Defendant shall be the sole and exclusive owner of the Florida condominium as well as well as the Interval International Timeshare.

5. It is further ordered that plaintiff pay to the defendant the sum of $150,000 within six months from the date of this judgment, said sum representing defendant's labor and industry in maintaining the sawmill during the time she managed and preserved said asset.   Henceforth, her access to the sawmill and its environs is prohibited.   In the event said sums is not paid within the six-month period interest shall accrue at the rate of 10% per annum as well as any other sanctions that may be imposed.

6. The defendant shall be responsible for the payment of her own health insurance except that plaintiff shall, if she so requests, keep her on his or the Sawmill health insurance policy for a total of three years from the date she is added to the policy.   She shall be responsible for the cost of same.

7. Plaintiff shall have exclusive ownership of the 2007 Chevrolet, 2005 Chrysler and 1987 Ford. He shall also be responsible for any and all debt due to vendors of the sawmill enterprise.

8. Please see Exhibit A attached hereto for division of personal items in dispute.

OWENS, J.T.R.

EXHIBIT A

Personalty

The following items of personalty shall be the exclusive property of the plaintiff and delivered to him forthwith.

1. Oxen Yoke

2.  Two prints of Indian Chief

3.  Mother's diamond engagement ring

4.  Mother's pewter collection

5.  All titles to Sawmill vehicles with exception of Lexus

6.  Plaintiff's social security card and birth certificate.

7. Indian registry card

8.  Farm-all tractor

9.  Corn husker and grinder

The following items of personalty shall be the exclusive property of the defendant and delivered to her forthwith.

1. Poles to large tents

2.  Roll-top desk

3.  VW tires

4.  Antique chairs

5.  Gravely tractor and accessories

6.  Ethan Allen couch

7.  Maiden's Cart

8.  Sump pump

Owens, Howard T., J.T.R.