Howd & Ludorf LLC wins at trial in Land Use-based Tortious Interference, Takings, and Breach of Contracts Case
Howd & Ludorf LLC Associate Emily Holland recentlysecured a verdict in favor of the Town of Eastford and it Zoning EnforcementOfficer Susan Yorgensen before Judge Marshal Berger, who heads the Land Usespecialty docket in Hartford. In the case of Yorgenses v. Chapdelaine,Eastford ZEO Susan Yorgensen issud a cease and desist order to DarleneChapdelaine due to Chapdelaine’s failure to secure proof that her planneddevelopment of a horse barn and riding area did not interfere with the flow ofa watercourse on her property. The C & D was upheld asvalid by the Superior Court and the Appellate Court. Thereafter,Chapdelaine pursued a claim for damages for breach of contract,unconstitutional takings and tortious interference with he businessexpectancy. Attorney Holland argued that the validity of the Cease andDesist, as established by the Connecticut Appellate Court, eliminated thepossibility of any liability on the counter claims by Chapdelaine. Chapdelaine called numerous witnesses over the 5 day trial in an attemptto raise a new factual scenario that would circumvent the earlier rulingregarding the C & D, to no avail. Judge Berger entered judgment forthe Town and ZEO Yorgensen on all claims.