[DOWNLOAD] "Budney v. Ives" by Supreme Court of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Budney v. Ives
- Author : Supreme Court of Connecticut
- Release Date : January 30, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case arose from a taking by the
defendant highway commissioner, under the eminent
domain statutes, of a 3.85-acre parcel of land
located on the westerly side of Windsor Street in
a rural residence zone in Manchester. The
plaintiffs bought the property in August, 1953,
with the idea of erecting & motel thereon. In
1961, they applied to the Manchester planning and
zoning commission for a change of zone to permit
the use of the land for a motel. The application
was not acted upon favorably. Several weeks prior
to October 4, 1965, they again applied to the
commission for a change of zone from rural
residence to business or industrial so that they
might erect a motel. Their application was
scheduled for a public hearing to be held on the
evening of October 4. On the morning of October 4,
the state took the property for highway purposes
in connection with a proposed improvement of
interstate route 84, and representatives of the
defendant highway commissioner appeared at the
hearing and opposed the application for a change
of zone. At an executive session of the commission
held on November 1, the plaintiffs' application
was denied. The plaintiffs appealed to the Superior Court
from the defendant's assessment of $16,800
damages for the taking of the property. The
appeal was referred to a state referee for a
hearing and report. The referee, after a hearing,
found the fair market value of the property
to be $35,000 an acre and concluded that the
plaintiffs' damages should be assessed at
$134,750. In response to two motions to
correct the report, the referee clarified
[156 Conn. 86]