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Property Law Appellate Court Opinion

by Zigadto, Janet

 

AC40885 - Commissioner of Transportation v. Lagosz (Eminent domain; "The defendant Teresa B. Lagosz appeals from the judgment of the trial court reassessing damages in the sum of $600,000 for the taking of her property by the plaintiff, the Commissioner of Transportation, on May 4, 2015, in connection with the improvement of the New Haven-Hartford-Springfield rail corridor. The defendant's primary claim on appeal is that the court improperly found and summarily enforced, after conducting a hearing pursuant to Audubon Parking Associates Ltd. Partnership v. Barclay & Stubbs, Inc., 225 Conn. 804, 626 A.2d 729 (1993) (Audubon), an oral settlement agreement in the amount of $600,000 as just compensation for the taking by eminent domain of the defendant's real property. Specifically, the defendant claims that (1) the settlement agreement was not inclusive of all the essential terms of the parties' agreement and (2) the court's finding that an enforceable agreement existed was clearly erroneous because it was based on unclear and ambiguous testimony elicited at the Audubon hearing. Conversely, the plaintiff claims that the court, after the Audubon hearing, correctly concluded that there was a settlement agreement in the amount of $600,000 that was just compensation for the taking of the defendant's real property. We agree with the plaintiff and, accordingly, affirm the judgment of the trial court.")