Opinion
04-06-2016
Robert BARTON v. CITY OF NORWALK.
Carolyn M. Colangelo, assistant corporation counsel, Norwalk, in support of the petition. Elliot B. Pollack, in opposition.
Carolyn M. Colangelo, assistant corporation counsel, Norwalk, in support of the petition.
Elliot B. Pollack, in opposition.
Opinion
The defendant's petition for certification for appeal from the Appellate Court, 163 Conn.App. 190, 135 A.3d 711 (2016), is granted, limited to the following issues:
“1. Did the Appellate Court properly affirm the trial court's judgment awarding monetary damages based upon the theory of inverse condemnation when the subject property retained significant value, was used for the same purpose as before the condemnation, and continued to generate substantial rental income?
“2. Did the Appellate Court properly hold that the plaintiff's inverse condemnation action was not barred by the doctrine of judicial estoppel, given the inconsistent positions that he had taken on the use of the taken property?”
McDONALD and ESPINOSA, Js., did not participate in the consideration of or decision on this petition.