This study would require surveyors to enter upon, and to survey and map the property in order to gather necessary data about the topography of the land. The area presently is not served by roads or utilities, and Thompson proposed to study the feasibility of constructing roads and utilities such as water, gas, electric and telephone services therein in connection with the possible expansion of an industrial park that is located adjacent thereto. In January, 2003, the town council voted to fund and authorize the town engineer, John Thompson, to study and to report on the potential for developing 270 acres of privately owned farmland that is located in a part of the town that is zoned for industrial expansion. The record reveals the following undisputed relevant facts and procedural history.
#Underpass wallingford ct trial
We affirm the judgment of the trial court. On appeal, the defendants contend that the trial court improperly: (1) construed § 7-148(c)(6)(A) (iii) and (2) concluded that the town either did not need to plead or to prove, or in any event had established, the irreparable harm necessary for the issuance of an injunction. The defendants, Walter Werbiski and Joyce Werbiski, 2 APPEAL 3 FROM THE JUDGMEnt of the trial court granting the application of the plaintiff, the town of Wallingford (town), for a permanent injunction permitting the town's representatives to access the defendants' property for the purpose of conducting a land and wetlands survey. The principal issue in this appeal is whether General Statutes § 7-148(c)(6)(A)(iii) 1 permits a municipality to enter upon and to survey privately owned land to determine the feasibility of creating a “ public improvement” on that land, when the survey would be for exploratory purposes only because the “public improvement” has not yet formally been planned or funded.
Small, Wallingford, town attorney, for the appellee (plaintiff). Michael Brodinsky, for the appellants (named defendant et al.). Decided: July 19, 2005īORDEN, NORCOTT, KATZ, PALMER and VERTEFEUILLE, Js.
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