City of New London v. Foss & Bourke, Inc.

Summary

The Connecticut Supreme Court dismissed a certified appeal as improvidently granted in an eminent domain dispute involving the valuation of property, fixtures, and trade fixtures. The court declined to decide whether the assembled economic unit doctrine applies in Connecticut because the record lacked sufficient factual findings and evidence establishing the doctrine’s prerequisites. The court stated that the issue could be resolved in a future case presenting facts that squarely require its consideration.

Holdings

1. The certified appeal should be dismissed as improvidently granted because the record did not contain sufficient findings or evidence to establish that the factual predicates of the assembled economic unit doctrine were satisfied.
2. Dismissal of a certified appeal as improvidently granted does not constitute approval or disapproval of the Appellate Court's decision.

Questions Presented

1. Whether the assembled economic unit doctrine applied to the determination of the value of property taken by eminent domain.
2. Whether the certified appeal should be dismissed as improvidently granted because the record lacked findings and evidence establishing the factual predicates of the assembled economic unit doctrine.

Disposition

dismissed