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ATC PARTNERSHIP v. WINDHAM

(SC 16173)

251 Conn. 597 (1999)

ATC PARTNERSHIP v. TOWN OF WINDHAM ET AL.

Supreme Court of Connecticut.

Officially released December 14, 1999.

Attorney(s) appearing for the Case

Richard P. Weinstein, with whom was Nathan A. Schatz, for the appellant (plaintiff).

Thomas R. Gerarde, with whom, on the brief, was Michael J. Rose, for the appellees (named defendant et al.).

Richard S. Cody, with whom were Lisa Silvestri and, on the brief, Ana Navarro, for the appellees (defendant Northeast Connecticut Economic Alliance, Inc., et al.).

Borden, Katz, Palmer, Sullivan and Peters, JS.

Opinion

PETERS, J.

This case concerns the extent to which constitutional principles of substantive due process, under the federal constitution or under our state constitution, permit a property owner to pursue an action for damages premised on a claim of intentional abuse of a municipality's power of eminent domain. The plaintiff property owner claims that it is entitled to recover for the wilful, arbitrary...

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