Aposporos v. Urban Redevelopment Commission

• Citation: 790 A.2d 1167,259 Conn. 563
• Decision Date: 05 March 2002
• Docket Number: (SC 16450)
• Court: Connecticut Supreme Court
• Parties: MARIA APOSPOROS ET AL. v. URBAN REDEVELOPMENT COMMISSION OF THE CITY OF STAMFORD

259 Conn. 563

790 A.2d 1167

MARIA APOSPOROS ET AL. v. URBAN REDEVELOPMENT COMMISSION OF THE CITY OF STAMFORD

(SC 16450)

Supreme Court of Connecticut.

Argued October 25, 2001.

Officially released March 5, 2002.

Sullivan, C. J., and Norcott, Katz, Palmer and Vertefeuille, JS. John Wayne Fox, with whom were John Louizos and, on the brief, Patricia M. Gaug, for the appellants (plaintiffs).

Robert Dolian, with whom, on the brief, were Charles D. Ray and Claire E. Ryan, for the appellee (defendant).

Andrew J. McDonald, corporation counsel, with whom, on the brief, was James V. Minor, assistant corporation counsel, for the appellee (intervening defendant).

Opinion

SULLIVAN, C. J.

The plaintiffs, Maria Aposporos and Ellen Begetis, appeal from the judgment of the trial court denying their request for a permanent injunction prohibiting condemnation proceedings by the defendants, the urban redevelopment commission of the city of Stamford (commission) and the city of Stamford (city). On appeal, the plaintiffs claim that the trial court improperly: (1) concluded that the defendants had complied with the time requirements of General Statutes § 8-128; (2) concluded that the defendants had complied with the conditions imposed by the local legislative body in authorizing the condemnation of the plaintiffs' property; (3) declined to review the plaintiffs' claim that the condemnation was invalid in the absence of sufficient findings of blighted conditions; and (4) concluded that a court order was sufficient to extend the defendants' authority to proceed with the condemnation after the expiration of the deadline set by the local legislative body. We agree with the plaintiffs' third claim and conclude that the defendants were required to establish that the plaintiffs' property was in a redevelopment area before amending the redevelopment plan to provide for acquisition of the property. We further conclude that their failure to do so rendered the condemnation proceedings invalid. Accordingly, we need not consider the remaining claims.

The record reveals the following relevant facts and procedural history. In March, 1963, the city's board of representatives (board) approved an urban renewal plan entitled "Urban Renewal Plan for the Southeast Quadrant (Extended) Urban Renewal Project" (1963 plan) pursuant to General Statutes § 8-124 et seq., the Connecticut redevelopment act (act). In 1977, the plaintiffs jointly acquired the property located at 62 West Park Place in Stamford (property). Since that time, they have operated a diner, known as Curley's Diner, on the property. At the time that the plaintiffs acquired the property, it was in the area of the city affected by the plan, but it was not identified in the plan as a property to be acquired.

In the mid-1980s, merchants located in the area of Stamford subject to the plan became concerned about the effect that the construction of a mall in another part of the city would have on their businesses. In response to those concerns, the then mayor of Stamford, Thom Serrani, appointed a citizens committee to explore ways to revitalize the area. In addition, the commission and the board's urban redevelopment committee were asked to recommend new redevelopment goals. The commission hired an urban design development firm to conduct a study of the issue. The firm ultimately recommended that the defendants acquire four properties in addition to those already acquired pursuant to the plan, including the property owned by the plaintiffs.

On the basis of the design firm's recommendations, the commission developed a plan for the construction of housing, including affordable housing, and retail stores in the redevelopment area. The commission also proposed amendments to the 1963 plan to authorize, among other things, the acquisition of the four properties. Public hearings were held on the amendments, after which the commission submitted the amendments to the board for approval. The board, by resolution number 1819 (1988 resolution), approved the amendments on March 7, 1988. The resolution directed the commission to "take all steps necessary to carry out the Urban Renewal Plan, as so amended, in an expeditious and timely manner...." It also provided that "no real property acquisitions as set forth in the Proposed Amendments shall be undertaken until such time as this Board approves a Land Disposition Agreement for Re-use parcels 16A, 16B, 19 and 19B." The plaintiffs' property is located in block 9, lot 24, of reuse parcel 19B. The resolution also required the commission "to negotiate a Land Disposition Agreement that optimizes the affordable housing component attendant to the development of the combination of Re-use parcels 16A, 16B, 19 and 19B."

Following the adoption of the 1988 resolution, the commission solicited developers by placing advertisements in national trade journals. The commission received approximately twenty responses, from which it selected four developers to submit proposals. Ultimately, it selected the Lincoln Properties proposal for the construction of a sixteen story tower on the property and the parties negotiated a land disposition agreement. Because of a downturn in the real estate market, however, the parties were unable to obtain financing for the development, and the deal fell through.

Shortly before the 1963 plan, as amended, was due to expire, the board, on October 5, 1992, adopted a resolution extending the plan to March 4, 2000. In 1996, when the real estate market began to recover, the commission issued another request for proposals. Three developers submitted proposals, from which the commission selected Corcoran Jennison/Berkeley Partners, Inc. (Corcoran Jennison). The commission drafted a land disposition agreement (draft agreement) incorporating the proposal and submitted it to the board for approval. Various members of the board expressed concerns about certain provisions of the draft agreement and requested that the commission renegotiate those provisions. The commission negotiated modifications to the agreement and submitted them to members of the board's urban renewal committee at a meeting on October 22, 1997. At a November 5, 1997 board meeting, committee chairman Alice Fortunato reported to the board that the committee had approved the agreement as modified.

On November 17, 1997, the board passed resolution number CA1197 (1997 resolution). The resolution was entitled "RESOLUTION NO. CA1197 CONCERNING APPROVAL OF A CONTRACT FOR THE SALE OF LAND IN THE SOUTHEAST QUADRANT (EXTENDED) URBAN RENEWAL PROJECT FOR PRIVATE REDVELOPMENT TO CORCORAN JENNISON/BERKELEY PARTNERS, INC.," and referred to the land disposition agreement entitled "Contract for Sale of Land for Private Redevelopment Reuse Parcels 16A, 16B, 19 and 19B" that had been approved by the commission on August 18, 1997. On June 15, 1998, the mayor executed a contract with Park Square West LLC, a fully owned subsidiary of Corcoran Jennison. The contract included the modifications that had been negotiated by the commission and approved by the board's urban renewal committee.

During the year following the approval of the 1997 resolution, the commission developed construction plans and obtained financing for the construction. In November, 1998, construction of phase I of the project began. In November, 1999, the commission began the process of acquiring certain property, including the plaintiffs' property, which was required for phase II of the project. Specifically, the commission sought proposals for an appraisal report, selected an appraiser and met with property owners and their attorneys to discuss the appraisals. On December 20, 1999, the commission filed a statement of compensation for the plaintiffs' property in the amount of $233,000.

The plaintiffs filed this action against the commission on December 28, 1999, seeking a temporary restraining order preventing the commission from condemning the property, temporary and permanent injunctive relief preventing the commission from condemning the property, a declaratory ruling that the taking of the property was unconstitutional, a declaratory ruling that the actions taken by the commission were illegal, arbitrary and exceeded the scope of its condemnation authority, and reasonable attorney's fees pursuant to General Statutes § 48-17a. The trial court immediately granted an ex parte temporary restraining order.

On January 12, 2000, the city filed a motion to intervene in the action, which the trial court granted on January 24, 2000. On February 25, 2000, the commission moved for a stay of the March 4, 2000 expiration of the plan. The trial court granted the motion on March 3, 2000. On March 6, 2000, the board approved a resolution extending the plan's expiration date to July 5, 2000.

A trial on the plaintiffs' claim for temporary and permanent injunctive relief was held on June 8 and 9, 2000. On October 31, 2000, the trial court rendered judgment denying the plaintiffs' claim for an injunction against the condemnation proceedings. The plaintiffs then filed this appeal in the Appellate Court. Thereafter, this court transferred the appeal to itself pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c).

On appeal, the plaintiffs make four claims. First, they claim that the trial court improperly concluded that the defendants had complied with the time requirements of § 8-128.¹ Specifically, they claim that the defendants did not condemn their property within a "reasonable time" from the adoption of the 1988 resolution and that the 1997 resolution did not specify the time within which the property was to be acquired. Second, they claim that the trial court improperly found that the defendants had complied with the board's conditions, namely, that: (1) they enter into an authorized land disposition agreement before acquiring the property, because the modified land disposition agreement executed by the city was not the...