Subscribe Now!
 
 
Land Use Law Report
0 item
 
Prev: Regulatory Takings - Supreme Court Sticks To Fact-Intense Test For Defining The Parcel At Issue
 
Next: Historic Preservation - No Demo Permit Needed To Partially Remove Building During ‘Restoration’


Inverse Condemnation - Taking A Business Property’s Only Parking Option Was ‘Substantial Destruction’

Wednesday, July 26, 2017

When a city condemned the only available parking lot for a commercial building, it substantially destroyed the business owner’s use and enjoyment of his business property. He was awarded more than a million dollars in damages and prejudgment interest.

Facts: In 1981, Robert Barton bought a four-story commercial building at 70 South Main in Norwalk, Connecticut. The building itself came with only one parking space, and the City of Norwalk told Barton that he needed more parking spaces to comply with zoning ordinances, even though there was "abundant" on-street parking in the area. Barton arranged to buy a vacant lot across the street, at 65 South Main. The City approved a site plan for 70 South Main that involved converting the vacant lot into 44 parking spaces. After doing so, Barton received a certificate of zoning compliance for both properties.

Barton successfully leased commercial space at 70 South Main for the next 15 years. The building was usually 95 to 100 percent occupied. But in 1996, Barton learned that the City planned to take 65 South Main by eminent domain and build a new police building there. Barton and his tenants grew worried that they would have no place to park. By 1996, there was little on-street parking in the area because the City had expanded its no-parking zones and converted side streets to through streets. For the next six years, Barton told the City’s mayors that condemning his parking lot would cripple his commercial leasing bu[...]

 
Next: Historic Preservation - No Demo Permit Needed To Partially Remove Building During ‘Restoration’
 
Prev: Regulatory Takings - Supreme Court Sticks To Fact-Intense Test For Defining The Parcel At Issue
 
Browse Archives:
2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 |