(DOWNLOAD) "Birnbaum v. Ives" by Supreme Court of Connecticut ~ eBook PDF Kindle ePub Free
eBook details
- Title: Birnbaum v. Ives
- Author : Supreme Court of Connecticut
- Release Date : January 19, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
On March 21, 1966, the state,
through the defendant highway commissioner,
acquired, by condemnation, land and a structure
thereon located on the easterly side of Washington
Street in the city of New Britain. The defendant
highway commissioner assessed damages arising
from the taking in the sum of $257,300. This sum
was deposited by the defendant with the clerk of
the Superior Court and the plaintiffs withdrew the
entire amount. The plaintiffs appealed to the
Superior Court from the assessment of damages and
the appeal was referred to Hon. Vine R. Parmelee,
a state referee, hereinafter referred to as the
first referee. The referee, purporting to act as
the court, filed a memorandum of decision fixing
damages for the taking at $102,000 and on October
17, 1967, rendered judgment for that amount. On
motion of the plaintiffs, the Superior Court
(Palmer, J.) vacated this judgment on the ground
that under the then controlling statute (Public
Acts, 1967, No. 621 11) the referee was not empowered
to render a judgment. The court concluded
that the memorandum of decision was in effect a
report filed pursuant to the provisions of
Practice Book 354, as amended, and ordered that
the appeal be recommitted to the referee with
direction to file a report in numbered paragraphs
as the Practice Book provides. The referee filed
a report as ordered, finding that the structure on
the premises had no value and that the fair market
value of the entire property was $102,000. The
plaintiffs, pursuant to 363 of the Practice Book,
thereupon moved that the referee's report be
rejected and an order be entered referring the
matter to another referee for a hearing de novo.
On September 30, 1968, the court sustained the
objections of the plaintiffs and ordered the
matter referred to Hon. Raymond E. Baldwin, a
[163 Conn. 15]
state referee, who, pursuant to the provisions of
52-434a of the General Statutes, heard the appeal
with the same powers and jurisdiction as the Superior
Court which ordered the reference.
 "Birnbaum v. Ives" by Supreme Court of Connecticut ~ eBook PDF Kindle ePub Free){kind=link}