(Download) "Housing Authority v. Lustig" by Supreme Court of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Housing Authority v. Lustig
- Author : Supreme Court of Connecticut
- Release Date : January 17, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is a proceeding brought pursuant to 932 and 7181 of the General Statutes to condemn property of the named defendant for the purposes of the plaintiff. The committee to which the fixing of damages for the taking was referred made their report in the alternative. As clarified by stipulation of the parties, the report first assessed the value of the property in question as follows: Land, $1259; small shed, $50; garage, $500; poultry market building, $6500; total, $8309. It then went on to state: ""In the event that the owner of the poultry market building should be compensated for the value of the building with an established poultry slaughtering business therein (because of the nature of said business), the Committee then find the fair market value of said building to be $16,500.00 . . . ."" The trial court adopted this alternative finding and rendered judgment assessing damages at a total of $18,309. The question on this appeal is whether the court was correct in accepting the alternative finding as a statement of the true market value of the property. The claim of the plaintiff is that the report is to be construed as adding $10,000 to the market value of the property to compensate for the loss of the poultry slaughtering business and that the loss of the business is not a proper element of damage.