Zingus v. Redevelopment Agency of City of New London
| Decision Date | 08 June 1971 |
| Court | Connecticut Supreme Court |
| Parties | Spiros ZONGUS et al. v. REDEVELOPMENT AGENCY OF the CITY OF NEW LONDON. |
C. Robert Satti, New London, for appellant (defendant).
C. George Kanabis, New London, with whom, on the brief, was Melvin Scott, New London, for appellees (plaintiffs).
Before HOUSE, THIM, RYAN, SHAPIRO and LOISELLE, * JJ.
The plaintiffs were the owners of real property located in the redevelopment area of the city of New London, which was taken by eminent domain proceedings instituted by the defendant. On April 29, 1965, a statement of compensation in the amount of $50,000 was filed with clerk of the Superior Court for New London County. The plaintiffs, claiming the amount of compensation awarded was inadequate, appealed to the Superior Court by application dated June 15, 1965. On September 25, 1965, the case was referred to Hon. Richard H. Phillips, a state referee, for hearing and report. The referee held a hearing, viewed the property, and revised the statement of compensation to $63,300. The report was filed on March 25, 1966. On July 21, 1966, the plaintiffs moved to correct the report of the referee, and pursuant thereto, the referee filed an amended report October 5, 1966, wherein his conclusion as to the amount due to the plaintiffs as compensation for the taking of the property remained unchanged. On December 15, 1966, the plaintiffs filed their exceptions and objections to the acceptance of the report and the amended report of the referee. On June 30, 1967, the court (Dube, J.) rejected the report of the referee, sustained the objections to the acceptance of the referee's report, and referred the matter to Hon. Patrick B. O'Sullivan, a state referee, for a new trial. On July 31, 1967, the parties appeared before the referee and were fully heard. On August 7, 1967, referee O'Sullivan filed his report finding that the amount due to the plaintiffs as compensation for their real estate should be $80,000. On August 10, 1967, the plaintiffs filed their motion for acceptance of the report of the referee and judgment thereon. On August 17, 1967, the defendant moved to revoke the order of reference to referee O'Sullivan, to accept the report of referee Phillips, and filed its objections to the acceptance of the report of referee O'Sullivan. On September 1, 1967, the plaintiffs moved to erase the defendant's motion to revoke the order of reference and to strike or expunge the defendant's objections to the report of referee O'Sullivan. On July 2, 1968, the court (Devlin, J.) granted the plaintiffs' motion to erase the defendant's motion for revocation of the order of reference to referee O'Sullivan. On November 15, 1968, the court (Wright, J.) accepted the report of referee O'Sullivan and judgment was rendered on that report. On November 27, 1968, the defendant appealed to this court.
The defendant assigns error in the action of the trial court in sustaining the plaintiffs' objections to the amended report of referee Phillips dated October 5, 1966, and in the action of the trial court in refusing to accept the amended report of referee Phillips dated October 5, 1966. Error is also assigned in the action of the court in granting the plaintiffs' motion to erase the defendant's motion to revoke the order of reference to referee O'Sullivan. While the defendant has appealed from the judgment rendered on the report of referee O'Sullivan, it does not attack that report directly. It claims in its objections to the report and in this appeal that the court erred in rejecting the report of referee Phillips and in referring the case to referee O'Sullivan and requests that this court reverse the judgment and order that judgment be rendered on the amended report of referee Phillips.
The sequence of events in this case is of importance. The action of the court on June 30, 1967, wherein the objections to the report of referee Phillips were sustained and the matter referred to another referee for a new trial, constituted a final judgment. State v. Fahey, 146 Conn. 55, 58, 147 A.2d 476. Since the date of the order was June 30, 1967, the provisions of Practice Book § 666 applied. 1 The record discloses that no notice of intention to appeal was filed by the defendant. In fact, there is nothing in the record to indicate that the defendant opposed the order of reference or interposed any objection thereto; that it sought any postponement or that it had any good reason for failing to file notice of intention to appeal within two weeks as required by the rule. Indeed, it participated actively in the hearing before referee O'Sullivan on July 31, 1967, when the parties appeared and were fully heard. The referee's report was filed August 7, 1967, and the plaintiffs moved for acceptance of the report on August 10, 1967. It was at this time that present counsel for the defendant appeared for the first time. On August 17, 1967, the defendant, for the first time, indicated its disapproval of the court's order of reference to referee O'Sullivan by filing a motion to revoke that order. This motion was accompanied by a motion to accept the report of referee Phillips dated March 25, 1966, and a third pleading reciting objections to the acceptance of the report of referee O'Sullivan. Numerous...
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