Lyme Land Conservation Trust, Inc. v. Platner

Summary

The court held that the trial judge was disqualified from presiding over remand proceedings because the prior appellate decision had partially reversed the judgment and required a new evidentiary determination of damages. A partial reversal limited to damages falls within the disqualification statute when the remand requires a new trial or hearing involving evidence, fact-finding, and a new damages judgment. The court therefore reversed the damages ruling, vacated orders denying motions to open the judgment and allow evidence, and remanded for new damages proceedings before a different judge.