[DOWNLOAD] "Eljay Realty Co. v. Argraves" by Supreme Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Eljay Realty Co. v. Argraves
- Author : Supreme Court of Connecticut
- Release Date : January 23, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The named plaintiff, hereafter referred
to as the plaintiff, owned fifty-one acres
of land in Darien. It had purchased this land on
April 14, 1953, for $39,000. About forty-five
acres of the land was subject to a lease to
Stamford Sand and Stone, Inc., hereafter referred
to as the lessee. The lease was dated January 8,
1951, and was for a term ending on January 31,
1957. The leased portion of the premises was to be
used solely for the purpose of excavating,
processing and selling sand, stone and gravel. A
weekly rental was to be computed at seventeen and
one-half cents per cubic yard for all material
excavated and sold during the preceding week with
a proviso for a minimum monthly payment of $250.
On February 6, 1956, the defendant, pursuant to
13-145 of the General Statutes, took approximately
thirty acres of the plaintiff's land in
connection with the layout of the Connecticut
turnpike and assessed the plaintiff's damages
at one dollar. The plaintiff appealed to the
Superior Court, and the case was referred to a state
referee. After the plaintiff appealed, the defendant
amended his certificate of condemnation and
[149 Conn. 205]
assessed the damages at $91,750. The lessee
was allowed to file an intervening complaint in
which it alleged that it had an interest in the
appraisal of damages by virtue of its leasehold.
The proportionate share, however, to which the
lessee would be entitled, out of the total award,
was not put in issue. See General Statutes 48-21,
48-22. The referee found that the sand and gravel
processing business was the "highest and best use"
to which the plaintiff's land could be put. He
determined that the plaintiff was entitled to
damages in the amount of $125,000 for the taking
of its interest in the property, and the court
rendered judgment accordingly. Both the plaintiff
and the lessee have appealed.