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NEW ENGLAND ESTATES, LLC v. TOWN OF BRANFORD ET AL. (SC 18132)
Norcott, Katz, Palmer, Zarella and McLachlan, Js.* Argued May 26, 2009--officially released February 16, 2010

Wesley W. Horton and William H. Clendenen, Jr.,

with whom, were Kimberly A. Knox and, on the brief, Kevin C. Shea, Kenneth J. Bartschi, David A. Reif, Matthew A. Weiner, Jonathan M. Freiman, Kerry R. Callahan and Daniel R. Canavan, for the appellant (named defendant). Timothy S. Hollister, with whom was Sheila A. Huddleston, for the appellee (plaintiff). Linda L. Morkan, with whom, on the brief, were Stephen R. Humphrey, Brian R. Smith and Jeffrey J. White, for the cross appellants (defendants Thomas Santa Barbara, Jr., et al.). William H. Ethier, Mary Lynn Huett, Kristy M. Rogan and Thomas F. Geselbracht, filed a brief for the National Association of Home Builders et al. as amici curiae.

Opinion

McLACHLAN, J. This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford's (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought pursuant to 42 U.S.C.

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Connecticut Law