Legal Opinion
Albahary v. City of Bristol
Connecticut Appellate Court
Decided August 3, 2004No. AC 24345PublishedCited by 6 opinions
1Opinion of the Court
Opinion
PETERS, J.
For many years, leakage from a municipal landfill polluted the groundwater of adjoining property that presently is used for mining sand and gravel. As a result of an order issued by the state department of environmental protection, the municipality closed the landfill and, exercising its power of condemnation, took a long term easement over the polluted property. The property owners are entitled to compensation for this taking. The case raises two issues. One is the standard for determining compensation for pollution caused by a municipality that is exercising its power of…
2Cases cited21 opinions
- Pandolphe's Auto Parts, Inc. v. Town of ManchesterSupreme Court of Connecticut · 1980
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Citino v. Redevelopment AgencyConnecticut Appellate Court · 1998
- Minicucci v. Commissioner of TransportationSupreme Court of Connecticut · 1989
- Tamm v. BurnsSupreme Court of Connecticut · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Autoridad de Carreteras y Transportación v. Adquisición de 780.6141 Metros Cuadrados de TerrenoSupreme Court of Puerto Rico · 2005
- Albahary v. City of BristolSupreme Court of Connecticut · 2005
- Commissioner of Transportation v. LarobinaConnecticut Appellate Court · 2005
- Albahary v. City of BristolSupreme Court of Connecticut · 2004
- Albahary v. City of BristolSupreme Court of Connecticut · 2004
1 more not listed; retrieve them via the Exa API.