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BRANFORD DENIED ITS DAY IN COURT
A New Haven Register Editorial, 09/18/2007

The law and common sense have diverged in the $12.8 million verdict for a developer against Branford for the wrongful taking by eminent domain of 77 acres next to a dump. The developer, New England Estates, doesn't own the land. It holds an option to buy it to build housing.

The verdict should be appealed by the town. An appeal is also likely for the value Superior Court Judge William T. Cremins placed on the property, $4.6 million, far more than the $1,167,800 fixed by the town.

The wrongful taking verdict is particularly irksome, not only because of its size, but because the town's shuffling of lawyers resulted in a failure to meet a critical court deadline. Consequently, its expert witnesses were blocked from testifying.

The town had decided to take the land in 2003. The town's landfill engineers were concerned about contaminated groundwater underneath the site, methane migration along the border between the dump and the property and untested dumping on the site. The developers sued to stop the town's taking of the land. After a hearing, a Superior Court trial referee rejected the developers' claim town officials were in fact colluding to block affordable housing. Anthony DeMayo held that the "potential for serious contamination involves the health of residents in the area" and that "there is the potential for litigation" from home buyers.

Following DeMayo's ruling, the town took the land by eminent domain in January 2004.

Cremins did not allow the jury in the wrongful taking lawsuit to hear DeMayo's ruling. Cremins refused to allow as evidence an environmental engineer's letter on contamination at the parcel or allow expert testimony in the town's defense.

The town's new trial attorney said he had never been told of a May 30 deadline set in February for filing lists of expert witnesses with the court and opposing attorneys. In February, the town was represented by The Marcus Law Firm. Cremins refused to extend the deadline.

Barred from presenting a full defense, the town lost. It should do better on appeal.

Bad Faith in Branford?
Eminent Domain Abuse Verdict: $12.4 Million
By Lynne Tuohy, Hartford Courant, September 14

A Superior Court jury in Waterbury determined that Branford officials acted in bad faith when they voted in 2003 to take the land, which had been earmarked by the Monroe-based New England Estates development group for multiple-family housing in the range of 268 to 354 units.

Read the full article...

Tabor Case Goes to the Jury
When Unk DaRos and Fran Walsh left office in 2003, a Superior Court judge had told the town that it could acquire the 77-acre parcel next door to the Town's landfill, using its power of eminent domain, and that New England Estates had "no evidence" of its theory of the case. In a stunning reversal of legal fortune, a Waterbury jury is now considering whether to award millions of dollars to the would-be developers. The Board of Selectmen, the Board of Finance and the RTM all voted unanimously in 2003 to acquire the 77-acre Tabor property in order to protect the Town.

Unk had proposed that the Town acquire the parcel after learning of the landfill's influence on the Tabor property, hearing from the Town's landfill engineers about changing standards for landfill contaminants, and learning of other town's experiences with environmental contamination and housing near landfills. The court stated in 2003: "Support for the general concern over contamination came from other sources, all strongly indicating that this was not as trivial an issue as the plaintiff urges the court to believe." Unk had expressed his concern that the landfill could cause adverse health effects for the residents of the proposed housing and create a liability risk for the Town in the long term. "[T]he court was impressed by Mr. DaRos' handling of this matter and demeanor on the stand. He appears to have had genuine concerns about Branford's interests and still displayed a desire to be fair to the property owners and the plaintiff."

Unk continues to believe that acquiring the Tabor property in 2003 was the right decision for the Town.
A MESSAGE FROM UNK DAROS ABOUT A NEW RULING ON THE ISLANDER EAST GAS PIPELINE
On Monday, August 20, Attorney General Richard Blumenthal and Commissioner of Environmental Protection Gina McCarthy announced that a Federal District judge has ruled that the Secretary of Commerce acted in an "arbitrary and capricious" manner by overturning the decision of the Connecticut Department of Environmental Protection to deny a Coastal Zone Management certificate of compliance to the Islander East gas pipeline project. Attorney General Blumenthal suggested that this ruling could end Islander East's attempt to build a gas pipeline through Branford and the Thimble Islands.

The judge's ruling against the Secretary of Commerce and Islander East is good news. While I look forward to reading the Court's decision, it is gratifying to hear that the voices of so many Branford citizens who worked tirelessly to preserve our little corner of the Sound have been heard.

I am proud of having been a part of that battle and prouder of my fellow townspeople who continued the battle. I look forward to working on their behalf again. -- Unk DaRos
Christening of the New Fireboat, Marine 5
Unk DaRos emceed the christening of the Town's new fireboat, Marine 5, on September 8 at the Stony Creek Dock. Many dignitaries attended this event, and the Fife and Drum Corps provided music. Did you know... Unk designed and helped build Branford's first Fireboat, SKIFFS, in the '70's? He has continued his involvement with this fire/rescue volunteer group, Rescue Fire Co. #5, since 1965.

 

Kickoff Campaign Rally for Unk and Fran
On August 27 about 75 supporters of Unk DaRos and Fran Walsh gathered in Stony Creek to celebrate the candidates and listen to inspiring messages from Toby Moffett, Sam Gejdenson, and our campaign manager, John Murphy. Toby and Sam spoke about the importance of neighbor-to-neighbor contacts to spread our message. Friends of the candidates from all over Branford will soon begin talking to their neighbors about why we must return Unk and Fran to Town Hall on November 6, 2007.

Unk DaRos and Fran Walsh Win
Unanimous Support of the Branford DTC!
On July 19, 2007, amid a sea of red “Unk 2007” hats, the Branford Democratic Town Committee unanimously nominated Unk and Fran as their candidates for First and Second Selectmen. An enthusiastic crowd of over 100 people were in attendance at the Community House to cheer Unk and Fran toward victory in November. It was a wonderful night to be a Democrat!