ATC Partnership v. Town of Windham

Opinion

PETERS, J.

This case concerns the extent to which constitutional principles of substantive due process, *599under the federal constitution or under our state constitution, permit a property owner to pursue an action for damages premised on a claim of intentional abuse of a municipality’s power of eminent domain. The plaintiff property owner claims that it is entitled to recover for the wilful, arbitrary and capricious seizure and condemnation of its property, in furtherance of a municipality’s intent to usurp an opportunity for economic development of the property. The question before us is…