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eBook details

• Title: Meriden v. Highway Commissioner
• Author : Supreme Court of Connecticut
• Release Date : January 02, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The parties to these appeals are
the same as those who appeared before this court
in the case of Meriden v. Ives, 165 Conn. 768,
345 A.2d 13, and the questions reserved to us relate
to our decision in that case. We there held that
where the highway commissioner had condemned
portions of two public parks located in Meriden,
the provisions of 7-131j of the General Statutes
required the state to provide sufficient funds to
enable the city to acquire substitute parkland
comparable to that taken, and to compensate the
city for any damage to the remainder which
resulted from the taking. It was stated that the
measure of damages should be computed by
determining the difference between the replacement
cost of the parkland prior to and subsequent to
the taking, and a new trial, limited to the issue
of the amount of damages, was ordered. The parties
have now propounded eleven questions1 for our
advice, Several of which reveal that considerable
confusion exists with respect to the application
of that formula. The answer to question "k," which
asks whether a public park has monetary value prior
[169 Conn. 657]
to a taking, is dispositive of the issues raised by
this reservation, and it is therefore unnecessary
for us to respond specifically to the other questions
as propounded. See E.&F. Construction Co. v.
Ives, 156 Conn. 416, 419, 242 A.2d 768.

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