Supreme Court of Connecticut
New England Estates, LLC v. Town of Branford
February 16, 2010294 Conn. 817
Summary
The court held that the owners' § 1983 action was ripe and was not barred by collateral estoppel, res judicata, the takings clause, or the receipt of just compensation because it challenged the town's allegedly bad-faith public-use justification and sought distinct damages. It held that New England Estates' unrecorded, unexercised option and related permits created no compensable property interest under the takings clause, requiring reversal of its judgment and attorney's-fee award. The court affirmed the owners' judgment and fees for the § 1983 action, but remanded for determination of reasonable fees incurred in the valuation appeal.