Bohannan v. City of Stamford
Supreme Court of Connecticut
Action for damages assessed by the defendant in favor of the plaintiff for land taken for public use for park purposes; brought to the Superior Court in Fairfield County. An answer was filed containing two defenses.
Read the full summary
Action for damages assessed by the defendant in favor of the plaintiff for land taken for public use for park purposes; brought to the Superior Court in Fairfield County. An answer was filed containing two defenses. A demurrer to the second having been “ overruled proforma, with right reserved to raise all questions of law therein on appeal or by reservation ” (Reed, J.), the plaintiff replied to both defenses, and the cause was reserved on a finding of facts (Reed, J.) for the advice of this court.
1Opinion of the CourtBaldwin, C. J.
The defendant city, under its charter (14 Special Laws, p. 857), is authorized to take land for park purposes. Its common council must first “ determine that public necessity and convenience require the taking,” and before that body can “ determine to take land for the purposes aforesaid,” it must give an opportunity for a hearing before it to “ all persons whose land is proposed to be taken.” If it then determines that public necessity and convenience require the taking of their lands, it is to appoint a committee to “ determine the damages to be paid ” to each of them, and report their…
2Cases cited3 opinions
- Whitney v. City of New HavenSupreme Court of Connecticut · 1890
- Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
- Shannahan v. City of WaterburySupreme Court of Connecticut · 1893
3Cited by7 opinions
- Colaluca v. IvesSupreme Court of Connecticut · 1963
- In re SmithSupreme Court of Minnesota · 1945
- Thomson v. City of New HavenSupreme Court of Connecticut · 1924
- State Ex Rel. McFarland v. ErskineSupreme Court of Minnesota · 1925
- Shallow Run Ltd. Partnership v. State Highway AdministrationCourt of Special Appeals of Maryland · 1996
2 more not listed; retrieve them via the Exa API.