GRAY LINE BUS CO. v. GREATER BRIDGEPORT TRANSIT DISTRICT


188 Conn. 417 (1982)

GRAY LINE BUS COMPANY v. GREATER BRIDGEPORT TRANSIT DISTRICT

Supreme Court of Connecticut.

Decision released September 21, 1982.


Attorney(s) appearing for the Case

James J. A. Daly, with whom were Thomas J. Weihing, and, on the brief, John L. Stawicki, for the appellant (defendant).

Samuel E. Friedman, with whom was Arthur Levy, Jr., for the appellee (plaintiff).

PETERS, HEALEY, PARSKEY, ARMENTANO and SHEA, JS.


SHEA, J.

The principal issue presented in this appeal is whether in an eminent domain proceeding the condemning authority must compensate a public utility company for the "going concern value" of the enterprise, including the franchise itself, where the rate of return from the whole system is insufficient to warrant the investment necessary to acquire the physical assets of the system, i.e., the land, buildings and equipment necessary for its operation.

The...

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