Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** AVALONBAY COMMUNITIES, INC., ET AL. v. TOWN OF ORANGE ET AL. (SC 16352)
Borden, Katz, Palmer, Vertefeuille and Zarella, Js. Argued February 16--officially released July 10, 2001 Counsel

Timothy P. Pothin and Thomas R. Gerarde, with whom were Brian M. Stone and, on the brief, Hugh F. Keefe and I. Milton Widem, for the appellants-appellees (defendants). Joseph P. Williams, with whom were Timothy S. Hollister and, on the brief, Christopher B. Carveth and Leo P. Carroll, for the appellees and the cross appellant (plaintiffs). Wesley W. Horton filed a brief for the Connecticut Civil Liberties Union Foundation et al. as amici curiae.
Opinion

BORDEN, J. The defendants1 appeal2 and the named plaintiff, AvalonBay Communities, Inc. (AvalonBay), cross appeals3 from the judgment of the trial court, Curran, J., rendered after a court trial, granting a per-

manent injunction in favor of the plaintiffs, Ernest Cuzzocreo, Jr., Cuzz-Acres Orange Limited Partnership (Cuzz-Acres) and AvalonBay. In their appeal, the defendants claim that the trial court improperly enjoined the town from: (1) implementing its plans for an industrial park (project plan) in the town, to be located on a parcel that included a parcel of real property owned by AvalonBay (AvalonBay parcel); and (2) proceeding with any plans for the taking by eminent domain of the AvalonBay parcel. In its cross appeal, AvalonBay claims that the trial court improperly concluded that the plaintiffs were not entitled to damages for any allegedly improper conduct by the town under federal and state fair housing laws. We conclude that: (1) the trial court properly enjoined the town from proceeding with the project plan; (2) the issue of the taking of the AvalonBay parcel has been rendered moot; and (3) the trial court properly found in favor of the defendants with respect to AvalonBay's fair housing claims. Accordingly, we affirm the judgment in part. The trial court found the following facts. In May, 1997, the plaintiffs entered into a contract whereby AvalonBay was to purchase a parcel of real property located in the town owned by Cuzzocreo and CuzzAcres, comprised of approximately 9.6 acres of land. At the time of the purchase agreement, the parcel was located in a district zoned light industrial, which specifically allowed planned residential developments, including affordable housing projects in accordance with General Statutes

Download Avalonbay Communities, Inc. v. Orange.pdf

Connecticut Law