Wellswood Columbia, LLC v. Town of Hebron
Decision Date | 07 November 2017 |
Docket Number | SC 19693 |
Citation | 171 A.3d 409,327 Conn. 53 |
Court | Connecticut Supreme Court |
Parties | WELLSWOOD COLUMBIA, LLC, et al. v. TOWN OF HEBRON |
Kerry M. Wisser, with whom, on the brief, was Sarah Black Lingenheld, for the appellants (plaintiffs).
Thomas R. Gerarde, with whom, on the brief, was Emily E. Holland, for the appellee (defendant).
Rogers, C.J., and Palmer, Eveleigh, McDonald, Espinosa and Robinson, Js.*
In Wellswood Columbia, LLC v. Hebron, 295 Conn. 802, 804–805, 825, 992 A.2d 1120 (2010) ( Wellswood I ), this court reversed the judgment of the trial court, which denied the application of the plaintiffs, Wellswood Columbia, LLC (Wellswood), and its managing partner, Ronald Jacques, for a permanent injunction barring the defendant, the town of Hebron (town),1 from closing a road that provided the sole existing access to a property that Wellswood owned in the adjoining town of Columbia. Shortly after the trial court issued the injunction upon remand from this court, the plaintiffs commenced the present action against the town seeking damages for, inter alia, a temporary taking, temporary nuisance and tortious interference with the plaintiffs' business expectancies. The trial court, Elgo, J., granted the town's motion for summary judgment on the ground that the plaintiffs' claims were barred by the doctrine of res judicata because they arose out of the same operative facts as the plaintiffs' claim for injunctive relief and, therefore, should have been brought in Wellswood I. On appeal,2 the plaintiffs claim that the trial court incorrectly determined that their claims in the present action are barred by the principles of res judicata. We disagree and, accordingly, affirm the judgment of the trial court.3
This court's opinion in Wellswood I sets forth the following relevant facts and procedural history. "In early 2004, the plaintiffs were considering the purchase of the property, which consisted of approximately 188 acres of land in the town of Columbia, for purposes of constructing a six phase residential retirement community. The only ... existing access to the property [was] Wellswood Road in Hebron,4 which runs from Route 66 to the town line between Hebron and Columbia. At that point, Wellswood Road becomes Zola Road, which continues into the property and terminates in a dead end....
(Footnotes altered.) Wellswood Columbia, LLC v. Hebron, supra, 295 Conn. at 805–808, 992 A.2d 1120.
On July 21, 2008, the trial court issued a memorandum of decision in which it concluded, inter alia, that the plaintiffs were not entitled to a permanent injunction because they had failed to demonstrate that they were without an adequate remedy at law or that they would suffer irreparable harm in the absence of an injunction.5 Wellswood Columbia, LLC v. Hebron, Superior Court, judicial district of Tolland, Docket No. TTD–CV–05–4003914–S, 2008 WL 3307216 (July 21, 2008) (46 Conn. L. Rptr. 69, 76), rev'd, 295 Conn. 802, 992 A.2d 1120 (2010). In reaching its determination, the trial court noted that (Emphasis omitted; internal quotation marks omitted.) Id., at74.6
Finally, the trial court observed that "the plaintiffs argue in their [post trial] brief that, should the court find [that] injunctive relief is not the proper remedy ... they are entitled to money damages and a temporary injunction until such damages are paid ...." Id., at 76 n.2. The court explained, however, that Id.
On appeal to this court in Wellswood I, the plaintiffs challenged the trial court's denial of their request for a permanent injunction but not the court's denial of their request for damages. Specifically, the plaintiffs argued that the trial court "improperly denied their request for a permanent injunction barring the [town] from closing Wellswood Road because: (1) barring the road was an unreasonable and arbitrary exercise of police power; (2) equitable relief is an...
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