Commissioner of Transportation v. United Illuminating Company (2010)

MEMORANDUM OF DECISION

Before the court is a motion to dismiss this eminent domain proceeding by Barrett Outdoor Communication, Inc. (Barrett).  Originally, the real property the Commissioner of Transportation (Commissioner) sought to take was owned by United Illuminating Company (UIC) on which Barrett had a billboard sign and the Commissioner deposited $65,800 with the clerk of the court.   UIC did not appeal the amount of the award.   However, Barrett took an appeal claiming the award of damages was inadequate.   This court refused to dismiss the appeal because it held the billboard in this case was real property (see memorandum of decision dated August 13, 2009 [48 Conn. L. Rptr. 239] ).   No appeal was taken from that decision.

Barrett now moves to dismiss these proceedings on the basis that this court lacks subject matter jurisdiction as a result of the failure of the Commissioner to file an assessment of damages.   The fact is that the Commissioner did deposit a check in the amount of $65,800 with the clerk of the court without designation as to which party should receive said sum.   Merely because the Commissioner and UIC agreed that UIC's damages were $65,800 is a matter between the Commissioner and UIC. Furthermore, the fact that Barrett took an appeal from the award of damages was a waiver of any of the preliminary negotiation and other procedures required of the Commissioner by statute.

Barrett's motion to dismiss is denied.

These proceedings date back to February 2004.   They must be concluded.   The parties shall file their appraisal reports on or before November 1, 2010 with copies to the undersigned.   The court will hear evidence on November 15, 2010.

Berdon, J.T.R.

Berdon, Robert I., J.T.R.