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03/06/95 09:46 $203 291 9782 LAW OFFICE B W A 006 Redevelopment Agency, 155 Conn. 86, 103 (1967) . In Fishman, the plaintiff's land was condemned pursuant to General Statutes § 8-129. In that proceeding, the date of the taking was determined to be April 10, 1970 . After appealing the decision, pursuant to General Statutes § 8-130, the plaintiff+ subsequently invoked a collateral proceeding seeking interest from February 9, 1967 to April 10, 1970, the date he alleged the taking took place.' The court denied his motion, in part, because of the "Plaintiff's failure to make a timely claim to the Superior Court challenging the determination of the date of taking. ,, Id. , 269 . The principles enunciated in Section B, supra, apply to a dispute over the "taking" date and therefore the common law remedy sought by the plaintiff is not warranted. In other words, since a diopute regarding the taking date could have been resolved under a General Statutes § 8-132 proceeding, the plaintiff is precluded from "seeking a common law remedy. D. Governmental Immunity h The town also claims it is entitled to summary judg''ment 'Unlike the plaintiff in the instant case, the plaintiff in Fishman did not argue that the damages sustained by the taking should have been measured as of this earlier "taking" date. He only argued that the interest should be paid from the earlier date. Id. , 267. 5 MAR 06 '35 09:52 203 291 9282 PAGE.06 03/06/95 09:46 . %Y203 291 9282 LAW OFFICE B W A 0 007 because it has the authority, under General Statutes S 13a-138, 1 to drain water from the adjoining roadway onto the plaintiff' s property without becoming liable for incidental and/or necessary damage to adjoining property owners. The pleadings and affidavits put the applicability of § 13a-138 (a) in dispute. Essentially the plaintiff alleges the town is draining water from other property and not only from the adjoining roadway,. and has gone beyond what is necessary for that purpose. Since this is a disputed factual issue summary judgment cannot be granted on this ground. For the foregoing reasons, the Motion for Summary Judgment is granted. A Klaczak 'Section 13a-138 (a) . Persons authorized to construct or to repair highways may make or clear any watercourse or place for drainage off the water therefrom into or through any person's land so far as necessary to drain off such water and, when it is necessary to make any drain upon or through any person's land for the purpose named in this section, it shall be done in such way as to do the least damage to such land. 6 MAR 06 '95 09:53 203 291 9282 RAGE.07 r LAW OFFICES BRADY, WILLARD &ALEXANDER SUITE 400 330 ROBERTS STREET GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108-3604 AREA CODE 203 RICHARD C.WILLARD TELEPHONE 289-5477 RALPH J.ALEXANDER TELECOPIER 291-9282 JOHN F.SULLIVAN MICHAEL H.CLINTON April 12, 1994 Michael Gantick, Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Misky vs. Town of South Windsor Dear Mike: Enclosed please find a copy of the correspondence I received from Attorney Barrett who now represents Mr. Miller with regard to property on Niederwerfer Road. Please contact me to set up a meeting to discuss whether or not there is any merit to any further negotiations on this matter. Very truly yours, ph J. Alexander RJA/ds enclosure cc: Attorney Nicole D. Dorman Attorney Leo J. Barrett 5 e 4b JUNO 3 1994 APR 1 m °E4(• 91% e1 It �t i LEO J. BARRETT ATTORNEY &COUNSELOR AT LAW 203-649-3125 SOB MAIN ST. SUITE 3 CTICUT TOLL FREE MANCHESTER CT 06040-6002 CONNE 1-600-33-44-LAw USA TOLL FREE April 7, 1994 1-800-e78-5291 FAX 2-03-646-4040 Attorney Ralph J. Alexander 330 Roberts Street East Hartford, CT 06108 Re: Kenneth Miller Vs. Town of South Windsor Our File No. : 577 Dear Mr. Alexander: Mr. Miller and I would like to meet with the Town Engineer to discuss the possible options to the sewer drain the Town built on his property. Would you please O.K. that so we can talk with the Town Engineer to see if there are any other opti ons n s to that sewer drain. Ver ruly yours, Leo J. Barrett LJB/ak cc: Kenneth Miller I Date To I V1fIlL ' OU WIE OUT I From Of- Phone Oa W TetQ,.Phoned Return )fall Pik Gall `_: Plee$e$0 M Irnp� Messap c _ - -A oo _ N d�. Z o i o w i z 1 N/F 1\ CONN.LIGHTS POWER CO. 1/7 STOWELL t \ N/F a\ BRITO BURXE t \ AREA PLAN £ ,. t I N/F SCALE 1"=200' T - ' BRITO v t 1 /F M NILLER I N/F I0 I GRENIER i tt(r I^ /� i N/F LANNAN I I � cr- Lu _ i I — o � Lu l t WI t 0 tt10 � I I ry (\� PCAN OF PROPERTY DIVISION - h h LAND OF I NiF EDMUND E. MILLER. BURKE NIEDERWfiRFER ROAD I 0.290. . SOUTH WINDSOR, CONN. I c I I I I z �� IZLSI -------------------- 9 I . M.,. /V lI l Z= N/FTOWN OF SOUT INDSOR I ` GRENIER ENGINEERING DEPAflTMENT 89.807 1540 SULLIVAN AVENUE fit MO- SOUTH WINDSOR.CONNECTICUT 06074 rcxs •. 1 o w ABD JCI n • nro„4Taw 4e S.fEFT: BRADY, WILLARD& ALEXANDER ATTORNEYS AT LAW SUITE 400 330 ROBERTS STREET EAST HARTFORD,CONNECTICUT 06108 GERALD W.BRADY AREA CODE 203 RICHARD C.WILLARD TELEPHONE 289-5477 RALPH J.ALEXANDER TELECOPIER 291-9282 JOHN E SULLIVAN September 12, 1989 Jean Zurbrigen, Acting Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Drainage Easement - Niederwerfer Road/Miller Dear Jean: Enclosed please find a copy of the drainage bed as located by Town staff. Please review this and give me your thoughts as to whether or not it would be something that you would entertain recommending to the Council, from the point of view of purchasing an easement through this area for drainage. If you are so inclined, then I will make preliminary contact with Mr. Miller's attorney to see if such a course of action would provide an avenue for resolution. Obviously, because we are only purchasing an easement, I would expect that the cost would be substantially less then an actual fee purchase. Very truly yours; Ralph J. Alexander RJA/asb Enclosure / �-•� cc: Michael J. Gantick, Director V �/ Public Works Department r >. IV LEGAL SERVICES REQUEST FORM DEPARTMENT: PURL-1 C Ltfo,eKY CONTROL Date of Date Date Date of Type of Review Request Received Dispatched Review (Check Appropriate Box) Contractual Statutory Q Regulatory Other (Please specify) -Rev�ecc� a h�t�.G�X Hr.tci"�"'�� r'�pL�t+1,�, �c•ll er l�ry���1� /V t eu cn of r�sv l ve j-accti 4drQ Signature : *(To be filled in by Town Manager 's Office) sc�c;Qlgfoy 60 �-D low:~ lei O• Aft V 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 ���soR.cor' AREA CODE 203/644-2511 Fax. # - 203-644-3781 FACSIMILE MESSAGE TRANSMITTAL FORM Date: p23 PLEASE DELIVER THE FOLLOWING PAGES TO : NAME: ADDRESS : FAX. # : �I/ MESSAGE FROM: NAME: ADDRESS: wn MESSAGE NUMBER OF PAGES TO FOLLOW: I Nyd 1 �✓✓t �l. I iJ.1� � y r ; I • I AS I � Abl M7 n i47 , • I I ij Il lil ; ' r I ' I it f a � I f , If . i i I I I � � I � � r f j ! � I I—✓ , I I I � f I t i � ; ' I • 1 i i i ' I 40M� $e4 e .« Aff, Ole S-o� V&UL�t - -�� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 soR-Co°' AREA CODE 203/644-2511 Fax. # - 203-644-3781 FACSIMILE MESSAGE TRANSMITTAL FORM Date: PLEASE DELIVER THE FOLLOWING PAGES TO : NAME: A . a eau C h ADDRESS : -8IrKGt� Wl Q�-L -p FAX. # : MESSAGE FROM: NAME: ^ 6a &`'2 C ADDRESS: MESSAGE ple J .ems s� NUMBER OF PAGES TO FOLLOW: / LAW OFFICES BRADY, WILLARD&ALEXANDER 303 BURNSIDE AVENUE GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108 TELECOPIER RICHARD C.WILLARD (203)289-5477 12031 291-9282 RALPH J.ALEXANDER MICHAEL E.WOLF November 28, 1988 Michael Gantick, Director South Windsor Public Works Department 1540 Sullivan Avenue South Windsor, CT 06074 RE: Easement Over Property of Edmund Miller 65 Barber Hill Road, Broad Brook, CT Dear Mike: Please find enclosed herewith a copy of Attorney Hourihan's letter of November 22, 1988 with regard to the above-entitled matter. Please give this matter your immediate attention and contact me after you have had a chance to review the contents of the letter. Very truly yours, (/j I� 6W Ralph J. Alexander RJA/asb Enclosure I1 NOV 2 9 1988 foN d Sa IIAa W �� CO 1088 HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JAMES E.HEFFERNAN.JR. JOSEPH A.HOURIHAN (1950 TO 1976) VINCENT E.ROCHE November 22 , 1988 TELEPHONE 521-5390 LESLIE S.SHEPPARD SUSAN A.NAWROCKI Ralph J. Alexander, Esq. Brady, Willard & Alexander 303 Burnside Avenue East Hartford, CT 06108 Re: Easement Over Property of Edmund Miller 65 Barber Hill Road, Broad Brook, CT Dear Ralph: We have discussed your letter of October 21st and its enclosures with our client. Needless to say, our client is not very thrilled with the proposal which was enclosed therein. In particular, we note that what is proposed in that letter is only an estimated time schedule. Even with that estimated time schedule, it appears that the town will be illegally using our client' s property for at least another year and continuing to add the unnatural accumulation of water on his property. Such a continual drainage into our clients property has a deleterious effect upon our clients property. The town does not appear to be willing to recognize the seriousness of this problem. As an alternative, our client would be willing to sell the entire parcel to the town of South Windsor for $160 ,000 . 00 which would represent what he would feel would be a fair market value for this parcel as to two building lots. If the town has any interest in that proposal, please get back to us by January 1 , 1989 . Otherwise, we feel that our client' s property has been constructively taken by the town via a constructive condemnation_, and we will have no alternative but to commence suit in January to protect our clients legal rights. Very truly yours, Heffernan and Heffernan t U Joseph A. Hourihan JAH-eo rRE, 3iYilfyAR"" EST 11 MAT SSE: 0 j E C T A"r t.,w r- ice+RCDS i `- � � DA J C:XECXED BY: DATE- ITI ETm -- GUANTiTYl UNIT UNIT COST � TOTAL COS71 l I- I I i I- i I- - I .1 1 - I i i1 I 1 1- 1- 10101 -i -i f 1 i- I ! I I 1 I i i I - - - -- - - I 1-_ i0 i �. 1 - 1 1 - ld I ! to olo col I i -I T- i- I-- i- I I I f I ! I I i l l f 1 I1 i -- i I iiIli 1 1 i- Iiil - . i I ! - -I-- 1 I I i lv to i - ---I 1 14_4 I - -I I b F1 1 - I I - I- I' I- I I I I I I L A-F _ I - 1 ! l I I I I 1 1 I ! ! i I l i I 11 qOW N St -awn O-P SoatA O � G U 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 IOSOR-CO AREA CODE 203/644-2511 September 30 , 1988 Ralph Alexander Esquire Town Attorney 303 Burnside Avenue East Hartford, CT 06108 Dear Ralph: RE: EASEMENT OVER PROPERTY OF EDMUND MILLER NIEDERWERFER ROAD Pursuant to our previous conversations, we have been pursuing two alternatives regarding Mr . Miller ' s drainage concern. The alternative which would appear to be the most viable, would be to extend the drainage piping from its present outlet northerly along Niederwerfer Road approximately 700 feet to what appears to be an existing R.O.W. . Preliminary engineering/field work has begun . The scope of this project is such that it will require funding consideration next fiscal year . Therefore, the following is the schedule, I feel , this project would fit: 1 . Field Survey October 1988 2 . Engineering Design November-December 1988 3 . Application IWA/CC January 1989 4 . Submit Cost for Budget February 1989 5 . Bid Project June 1989 6 . Open Bids July 1989 7 . Start Construction August 1989 8 . Complete Construction October 1989 Should you have any questions regarding this matter, please contact me. Very truly yours, Michael J. antick Director of Public Works MJG:bmr cc: Project File LAW OFFICES BRADY, WILLARD&ALEXANDER 303 BURNSIDE AVENUE GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108 RICHARD C.WILLARD (203)289-5477 RALPH 1.ALEXANDER MICHAEL E.WOLF September 7, 1988 Joseph A. Hourihan, Esquire Heffernan and Heffernan 15 North Main Street P.O. Box 85 West Hartford, Connecticut 06107 Re: Easement over property of Mr. Edmund Miller Dear Joe: Pursuant to our recent telephone conversation I am requesting a-thirty (30) day extension in reference to your September 1, 1988 deadline. Presently the Town is exploring a number of options with abutting property owners that may well affect a resolution to the situation which is acceptable to all parties concerned. The Town will need the next thirty days in order to examine the options available to it. I will keep your posted as to the Town's progress on this matter and the course of action it ultimately selects. Ve trul s, Ralph J Alexander RJA/dr / cc: Town of South Windsor �/ Michael Gannick Director of Public Works S 3 ti $r C�ivEO sap 8 1988 ToMm at Sa YFndsa '{� Public*dCs Dept, HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW - - - 15 NORTH MAIN STREET P.O.BOX 85 WEST HARTFORD,CONNECTICUT 06107 RICHARD P.HEFFERNAN JAMES E.HEFFERNAN,JR. JOSEPH A.HOURIHANVINC (1950 TO 1976) ESLIE S. E.EPPARROCH TELEPHONE 521-5390 LESLIE S.SHEPPARD August 8, 1988 Mr. Richard J. Sartor Town Manager Town of South Windsor 1540 Sullivan Avenue S. Windsor, CT 06074 Dear Mr. Sartor: As we have previously indicated to you, our office represents Mr. Edmund Miller. Please be advised that effective September 1, 1988 our client does hereby revoke license previously granted to the town of South Windsor to discharge water over his property as more fully set forth in letter from Town Attorney Edwin Lassman dated Feb.25, 1960 a copy of which is attached hereto. Very truly yours, HEFFERNAN AND HEFFERNAN t'� a. 4- -ud 'La(- JOSEPH A. HOURIHAN JAH -eo cc: Mr. Ralph Alexander - Corporation Counsel Edmund Miller r" 00 0) r 'r � •�7fI 'r ` LAW OFFICES BRADY, WILLARD &ALEXANDER 303 BURNSIDE AVENUE EAST HARTFORD,CONNECTICUT 06108 GERALD W.BRADY (203)289-5477 RICHARD C.WILLARD RALPH I.ALEXANDER MICHAEL E.WOLF July 8, 1988 Michael Gantick, Director Public Works Department Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Edmund E. Miller 65 Barber Hill Road, Broad Brook, CT Dear Mike: Please find enclosed herewith a copy of Attorney Joseph A. Hourihan's letter of June 29, 1988 for your review regarding the above matter. Please contact me upon review to discuss a resolution. Very truly yours, /dk-v k- , 6(t I(cod-&-- Ralph J. (")exander RJA/asb Enclosure 11 ^ za �CE1VE� F Y J U L 0 1 1988 HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P.O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN DAMES E.HEFFERNAN.JR. VINCJOSEPH A.HOURIHAN g950 TO ERN ESLIE S. E.EPPARROCH TELEPHONE 521-5390 LESLIE S.SHEPPARD June 29, 1988 Attorney Ralph Alexander 303 Burnside Avenue East Hartford, CT Dear Ralph: We have not heard from you in some time from you regarding the present controversy between the town of South Windsor and our client Edmund E. Miller. We realize that you have had some personal problems that have been taking a good deal of your time. The undersigned will be on vacation until July 8. We would like to move this matter forward and would ask that you contact the undersigned some point after July 8 to discuss how we may proceed . Very truly yours , HEFFERNAN AND HEFFERNAN �- a Auk- BY: Joseph A. Hourihan cc : Kenny Miller JAH/eo EDWIN A. LASSMAN ATTORNEY AT UW 37 LEWIS STREET HARTFORD S.CONNECTICUT JACKsoN 2.0283 February 25, 1960 1 Edmund E. Miller Niederweifer Road South Windsor, Connecticut Bear Mr. Miller; Please be advised that in consideration of your permis- sion to allow .the discharge of storm water from a drain running along the west side of Niederweifer Road, across Niederwei:fer Road through a the to the east side at a point opposite your !and, the ToxTji of South Windsor will make no claim for a pe rYa-er yfja'ter ,:i.Jof! -yovr ..and at said spot: _. ', r, -: -,.v s r..-,t .a. `.. . %7 _'._ ..:`.: :.`. is `•1 �-; 1.`•.oa. £'... iy i`)y a. d 3"so"Y 'J' Lor .�.`. ' o Reuben 3.�.3.wif`a'c:r Easterly by land now or formerly of J. Berm.ont Southerly by 'Land now or formerly of Bruno'-flothe Westerly by Niederwe fer Road.. Ver - ,aly yours, Edwin A. Eassman i'=L:1 c i VOlume 622 Page NQ 136 i' 1'i{K'I'IM'if•A'fl{ul•' STA'1'h nl'CONN I-:f'I'll'I q- I:N, • '' rll:UhCI'lilltll'I'IfH4 - _ CUUnTUFPROBATE 1 I r',1,.,.rrl,lirnlr•rr.,llr lnrr•r,r•l,.,k 0 0 0 3 S 3 I r i I.\�� n•Irvry nerl pr olr.•r hl rvwAml,vl.l r3__ y I, 111 cuum of rnO0A1F.r„S1n1CT Or EAST WINDSOR DISTRK:TNO. 047 i 1 :I'•1'1'I•:uP EDMBNDE. MILLER--- - - ------ ----—------------- ------- — -- -- --- de v:�wal. 12/18/90 ��... I',n•.mndb�l'ILK "C•';•:r,.n.:nnr•nd,vll't I'A •x,htthi�,rrlilir..Ihnl:Ixnrxvn.•rfr,nnlhr•Iv,vndu - Ihr•d:dr•nh�•cr.a,nl�•n.:u„ I I ni Ihix rnwl..:nd dvrrnw•rldivd nu 111u•tblh•nnq:u•alprnl.•,IC.dlhr•dw,,huli. draiwvlurdishihnl,vl nw•laulnr'dia•id,••Inrd......... n•• mnur/r/orr.yn•sr•lrnrrurul..hor•••�/dc•nrhuhnrlrrl runnla•rn(rrrrll�u,p.•rh'u,I/Hurry uL+ir/rh.rr'rnlrnrr Kenneth E. Miller, East Windsor, Ct. 100% r i G4 Real property on Niede•rwerfer Road, South Windsor, CT as follows: �S A certain parcel of land containing 2-1/2 acres more or less, situate in the Town of South Windsor, County of Hartford and State { of Connecticut, bounded: North on land of Reuben Skinner; East on land now or formerly of J. Bermont; South on land of Bruno Rothe; i West by Highway. ! Being the same premises conveyed to Edmund E. Miller by Certificate of Distribution from the Estate of Emil Miller recorded in the South Windsor Land Records at Volume 32, Page 420. i t J 1 i 1 i 1'or a nun'r parlil•nl:u•dr�;rriplinn,rrG•mnfx•sMxdd Ix•mwlr In Ihr nxxlnlx of said pinbttlr rvnu•I. IN 11"STIA'U,N1. W111?10•:01'.I Imve hrrinnln s,d my hand and arrixlx(thew•n[tlrxlvx!H nn Ihic ('nnrf Seal 15th j daynr Nov. au 9.1 RECEIVED�OIRIE7Eu0gpCLFRK'SIISEONLY Iw�i`-a}`�.1'Ir•rl: �'�1 199f ruR ruNlrrnsN r,NI,}•r AT \ "A- r,riXinal to: RECORDED IN SOUTH WINDSCA Lt,NQ RECORDS 3101.612) PAG 13 1hdr Selit: i t'I:It'I'Il lt':\'I'I?111 I11•;\;ISI?.IIIISC'I•;N'I'nP I11811HIII1110N VC 25a rb Volume 622 Page N° 136 til'ATKOF I"tINI':'. 1'II'I• I:r:,nunr'.n Uh;CIK1?,I+ra('f':N9' counTOFPROSATE •+1:IIIti 19:l tit l't'InN O V IJ r 3 V 3 . I'I•:;:,n It I•:\'. In !MI I Fd.•�•rrn/irnh•u•Bb r,v,•r,rhq* jInnr,••, --- - DISTFIICT NO. 047 ruumvFrnocnlF.rnslalcTOF EAST WINDSOR I:::t'•\'I1•:In:-- 12/18/90 EDMUND E. MILLER h 4•:�•41. — .-- --- •M, If.Il,i.r.•,Ulir�16:+I❑.nplH•:u�6"mlh.•u•,•.,,,14.d lhiv rvnul.:+id d,•r,•:rv,•d di,•.I nn y.,. I'u u:uend b•I'I L.`: `:1:.•:�+:.a>:mnrm L+1 L� I'.\.. I I h.•�InI••nb�nr aiin.•n.:n+d Ih••I..IL•+cim: vJ P''•I"••Ic••I Ih.•.L•n.b•n,ie drv"41 nr di�hiLnlwl. „..•1 nul ur diei,I, Ln.•!•l r.......... r,n rnlrl�n II r ldur.�,•I rrar.rrnr.•nr,d.<hmr•�l,.li•.tnhul.•r.en.�.vin.�,uidrr..nrl„I nurnl4•r.,;rruj pr.,p.vh�.n.rl uunr.�, - 1 100% I Kenneth E. Miller, East Windsor, Ct. erfer Road, South Windsor, CT as follows: Real property on Niederw Count Of Hart. and State A certain parcel wn oEnSou�htwindsor? tte -1/2 acres more Or less, situate in the To of Connecticut, bounded: North on land of Reuben Skinner, or formerly of J. Bermont; East on land now South on land of Bruno Rothe; i west by Highway. Being the same premises conveyed to Edmund E. Miller by Distribution From the Estate Of Emil Miller 420. Certificate of Dis`-- Windsor Land Records at Volume 32, recorded in the SOut'.t I - i 1 I 3 ` t " F,w a 11 pw lirnl:v d,«•riplim+,rrferrner slaedd lie mruh•1,+the ri`amk of snid Plvhnlr,4xn 1. IN'1'I•:�I'I11UN1'11'lII•ail•:UI•'.I h:+r,•1N•rN1,+b+pPI np•IMMI and nfrix,d thew•:il„(trps;44+ri"n 16k 15th ��`Y, NOV. - 1091 I'nn+'I 'f - seal V I�I 1 P RK'S IICI�UM.t. tq;I:wtllt'PIISh;IINfl" k`�---f��'f 1 1991 � original tw v; ?ECOROED IN-SOUTH-WIhCSCq Mile! -pit: LAW',,GECOROS.VOL.6>�AG�._.. -- 711-,1vrIFII'A'I'I•:ul I11a'151?,I+I;9l'F:N'I'III I+IF'I'ItIItII'I'IUN r PC 25u • ei 11p�U �C�� CC1C Z1 rCC' C � ACC QI� k , ell THAT 1_7 67 for divers good causes and cuusiderations:. thereuuto moving, especially for recei�ed to full satisfaction of (aK. I( X have remised, released, and forever quit-claimed, and do by these presents, for /J�� / and heirs - justly and absolutely remise, release, and forever Q U f'I-CLAI M unto the-aidr o �ti /Gu heirs and assigns forever, all such right and title, as the said r have or ought to have in or to -/ '4-1-/1-c_l.iC1.,l/ !/7-f .l / �(! 7-r r7A �4i✓-9 l(.� I/,/11>/Jr/�,.. -f / n -/-�-t9 nJJ� � ' , �� - � /1 r�/ (i.��J ��� /� it�< i� e d >4 r 'l-! "Fri 1� f , AV, Oe, 4 (A ZO rXl1VC 1111111 X0 1101tl the premises unto �/u y, the said and to = .c-, heirs and assigns, to the only use and behuof of the said- ` heirs and assigns forever, so that neither the said � 2/lJr,l nor any other-penOT17 az-" o@n in /jy�_ name and behalf,sliall or will hereafter claim or demand any right or title to the premises; _. TI or any part thereof, Iut the}'and every of them shall by these presents be excluded and forever barred. I1 XUXIIC XV/XCXf0 , have hereunto set hand and seal this?,�u r -.0�. r,r•lf8ay of'd r in the year of our Lord one thousand eight hundred and rl .,— -eti-e D �� :k I�ttctl, �culaA, lutd ticlluecrxi Itt ptcg><'itcc Qf LL s] I�yell [L.s.] � zlt� o� y j -vff ash Count) of PERSONALLY APPEARED, /,�,I / /signer 'and sealer fore�soirzd Ins •zt.merzt, and acic/r/ca�Zed�ed 1�ae same to be '� ; free act and deed_ before me. (�l'r v7-7-u Justice of the Peace. Received �f � 18r.Y, and Recorded by Town Cleric.. fliolu alZ ptlotIrce `"'lccldx , THAT ,r� r fr�� a for divers good causes and considerations;, thereuuto Moving, especially for recci ccl to full satisfaction of 7 e/ -dll�' /.0 I-A have remised, released, and forever quit-claimed, and do by these presents, for /f�2* and lleirsii justly and absolutely remise, release, and forever QU IT-CLAIM unto the said _/ heirs and assigns forever, all such right and title, as ,`/ the said uJ y have or Might too have in or to r^�-A 4_.,r-t d,r/--e9 n�J `...�i/ A f.l-<•-f.H O 'M �� �.0�� -!..>t� �Jl ((i .! 7_! �' ,'/t ti• /,.. Y„O /'�� /J�.11-! O �A r -\% -ti �.f v/�w ;li-�-r �.u,.,.J -!'r ��+� .• 4i !I , /) a Z0 T1111U1G 11114 t0 1101t1 the premises unto 2. the said and to c ! heirs and assigns, to the only use and behoof of the said'; d � heirs and assigns forever, so that neither the said - yl o rot uor any other-t-rsotr �Kt .Neee�s in name and behalf,shall or will hereafter claim or demand any right or title to the premises or-,my part thereof,rut they and every of them shall by these presents be excluded and forever barred. IC xU�lI1C0 ll'Yl�lRt1}v� ,� have hereunto set hand and seal this /-'-<9.t .,.�Aay of: in the year of our Lord one thousand eight hundred and r/(— e_V_r O �� 1011rd, oratlyd, and 0rliurt'rd fit p-tso rr of [L.S.] [L.S.] [L. S.] -(101111t)1 of PERSONALLY APPEARED, 2-G�/J-r /Ji7 / signer and sealer of llze fore(soind Lzs • ..nzent, and ackrvo ledged t,�be same to be /I free act and deed before nze. Justice of the Peace. Received �� ��� 18r.3, and Recorded by /0 14 4;1111 .:/Y i' Town Clerk._ ez. •,a Lub deceased, _ � ,�.` ,..��.�.i.r.l.r I.a.te 01' Ii,'ar•t wind` I, C1.ara. F. Allen, Judr-re of the Court Of Probate for s;.' j sor, Connecticut, hereby certify thai; it a,r xd Distri, Court that Errril Miller died a resident of PaidlTownoofIll il�r.•etrW ndror,P couOf rt; LIMA 19311, leaving no Will; Lha.t the LFlta.te Pra.r beer; retitled in v That R rnutu'Al distribution, duly executed, l:ra.s been filed and A0` said Court, that by tl,cr teznrs of er•.id distribution certa.iri Rea.]. Eetat distributed to Edmund E. L4ill�,s• of Ea lYi.ncisor, Conrrecl:icrrL son of d That_ the Real -Estate eo dis r bui,ed. is bounded - dirtributiora and Inventor r'•rrcl describers in !, Y as Follows, viz; r. A certain Of South Windsor,Parcel ty OfOf nHartford an( gtr:cteles of' Conne Li O or ut��b sit o nda North on land of Reuben Skinner; East on :La.ud now or formerly Of J. Bermol;t; South on land Of Br.ino Rothe; t West by highway. Reference is made to g,lit Claim Deed recorded in South Windsor Lend R0' 13, Page 312. IN TESTIMONY WHEREOF I hrve hereunto set my hand and said Probate Court for the Dist affixed th September, A. D. 1934. rict of Ea^t Windsor, Connecti.ciit, thi' ATTEST: .(PROBATE SEAL) Ctr,ra F. Allen l ndfie Received :for record October 26, 19311 at 1;115 P. M. 3 ' l CERTIFICATE OF FORECLOSURE No. 47685 Elmer Dyer / i Superior Co,zr t Vs. Hartford County Elizabeth C. F'eaton , 7,ine 27, 1-934. s` CERTIFICATE ,1. F OF F'OFtECLO.,Ultla' This certifies tlir3.t two mortgages South Windsor, County Of HarLfoxd�and sState from of tCorlleeticut G. eltonL of lmerh East 'Berlin, in the Town of Berlin, Count of Hartford ard�Sto of Co bearing date the 24th day of Octubex', 1914 and A,_rr:;ust 14th, ge South Windsor Land Records, Volume 19, Page 403 a.nd volume 23 P 1917d a.and ] : lY, were foreclosed upon complaint of Elmer W. Dyer against E,lizabeth?" owner of the equity of redemption of said mortgaged prem for Hartford. County, held at Ha.rtford ises, in the , within and. for g" State of Connecticut, on the 9th.,day of February, l931Lthe C 1n of H , The premises foreclosed are; described as fo:L Lows; }: I A certain piece or pr,.rcel Of land, with a.11 buildinp-r (-I eon, e • Town of South Windsor, bounded a.nd described ,).a follows; On the north by land Of Capius M. Newberry; on the ea., t by land o Elmer, orr the; South by land of Emi]y Pulr,.i.n a.; d Almire Stoughton; and o Haghway containing eleven acres, more Or less, and meaning hereby to p' prorerty as was deeded from Henry m. Kin to August in the E ha.ridler T. Jard the eig1 year eighteen hundred r.nd. seventy-one by Warl-rntee Deed°; South Windsor .Land Records volume 16,. pr,.(;e 25, 1'0r which reference 16 further description. h , The time limited for redex-mption in ^aid judgment of foreclosure `And the :title to said premises become absolute in the ,a.irl Elmer W. Dy a 'day of June, 1934. Dated at New Britain, Connecticut, this 27th ,lay of June, 1934, Elmer W. llyer 13 Geo__ U, ` Y Gaffne Oi JTO—x, Received for record Octo-er 26, 1934 at 4;00 P. M. l L( 0r CT 06095 United States Soil 627 River Street Department of Conservation Agriculture Service Windsor, (203) 688-7725 COPY �o tN1G April 6 , 1993 � Mr. Kennet Miller 65 Barbe ill Road APR 2 1993 Broad ook, Connecticut 06016 South Windsor Dear Mr. Miller INLAND WETLANDS AGENCY) CONSERVATION CQMM4--qGN On the morning of April 1, 1993 , Dale Spencer, Engineering Technician, and myself walked with you and your son to the stormwater drain site on property you own on Neiderwerfer Road in South Windsor. We were joined by Bill Burke. At the site, there was a relatively new head wall and rip-rap plunge pool. The stormdrain was flowing almost full and was dumping water to the west onto your property where it spread out to cover a large portion of the site. There was some gullying visible near the outlet, before the water spread out. Mr. Burke contends that the water flows off of your property and is causing erosion damage to his farm field which lies to the west. During a prior visit to this field, some erosion gullies were noted. There are several options that are available to stop the water from spreading over the property. One is to extend the storm drainage system down the road and outlet it in a safe manner. Another option is to channel the water across your property, around the Burke farm field and outlet it safely to the stream on the other side of the field. You have indicated that you have talked to the Town of South Windsor to resolve this problem. Our office is willing to assist you and the Town resolve this matter, if it is appropriate. The Town is receiving a copy of this letter. Thank you for your time and cooperation. If you have any questions, please feel free to contact me at 688-7725. Sincerely, Nancy Ferlow Soil Conservationist cc. 11 Burke John McCahill, Inland Wetlands Enforcement Officer, South Windsor Denise Conkling, Hartford County Soil and Water Conservation District All programs and services of the U.S. Department of Agriculture,Soil Conservation Service,are offered on a nondiscriminatory basis, without regard to race,color,national origin,religion,sex,age,marital status or handicap. n The Soil Conservation Service Vis an agency of the Department of Agriculture Jim SC4, c V. Tou'll:n ale S-o�h V&IM&Ot e � a 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 4�Nos�cor�w AREA CODE 203/644-2511 Fax.# ( 203) 644-3781 FACSIMILE MESSAGE TRANSMITTAL FORM Date April 13 , 1993 PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: Ralph Alexander, Town Attorney ADDRESS: 330 Roberts St. , East Hartford FAX. #: 291-9282 MESSAGE FROM: NAME: Michael Gantick. Director of Public Works ADDRESS: Town of South Windsor MESSAGE For your information--copy of letter from Nancy F rlow of the SCS to Mr. Miller , 65 Barber Hill Rd NUMBER OF PAGES TO FOLLOW: 2 - ----- If—you did not -receive -all- --2--pages--(-including-the -cover)- or if you have any questions, . please call 644-2511 as soon as possible. TOWN OF SOUTH WINDSOR ID :203-644-3781 APR 13 '93 10 : 43 TRRt^ SM I T CEDNF I RMRT I ON REPORT NO . • 001 RE0EIVER 203 291 9282 TRANSMITTER TORN OF SOUTH WINDSOR DATE APR 13193 10 : 43 DURATION 01 ' 11 MODE STD PAGES 02 RESULT OK 63.50 joq.s2� o o' ol 0OAc. '01 141.75' 200-d 341.7 4-h qdp -e4 0-f 1. 4 do" d(VVlC�,;1LeA o-e- 10 2.50 Ac. lo- IP 0 0- .� 200.0' 129.23" 117. 5' -0 0. 45Ac. o- 200-0' PORTION , MEMORANDUM | March 28, 1988 i TO: Michael 8antick , Director of Public Works � f R�: ' l . / � I met Mr. Miller , Friday, March 25° at 1100 P M at Niederwerfer Road ! (Assessor ' s Map/Parcel 137/8) . ^ ^ | � He showed me the outlet of a drainage system, discharging into to his property ^ n gave me a ! on the east side of Niederwerfer Road He the Lassmans letter to Mr. Edmund Miller , dated F copy of Ed ' this letter , Mr. Miller would like us t e February 25, 1960. Based on locat1on, o stop discharging water in this / A search in the Town Clerk 's Office does not reveal a copy of this letter , | and none of the maps, reference this situation. There are 8 catch basins connected to this system all on the west id f Niederwerfer , stretching southerly to the Town Bird 8an�tuary. lh / sToeno ! does need a place to discharge this water. ' ^ � w � ! The following is a list of places checked in the Town Clerk 's Office" Volume 32/420 Deed for Millers Property Map 1120A and 388A} Map 1081A and 108101 No drainage shown Grantee Index under South Windsor - no easement or rights to drain grant to South Windsor from Mr. Miller MDC sheet 761 from Purcel Drainage study shows the drainage system Jr. --------- Superintendent of Street Services MCS/ds ' G✓�' '� �,�,,,�' got� SACK, SPECTOR AND BARRETT `l AIVI ATTORNEYS AT LAW 830 FARMINGTON AVENUE (203)233.8251 WEST HARTFORD.CONNECTICUT 06119 FAX(203)232-8736 April 13, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGE COMMUNICATION Michael Gantick, P.E. Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Thank you for your time and courtesies in connection with our meeting and site visit of April 9. As discussed, you have kindly agreed to coordinate with the other town departments and gather information on the following issues: QWhat is the opinion of the Zoning & Environmental offices on the question of whether the discharge has any present effect of the potential development of the parcel for its highest and best use (presumably as residential building lots. ) ? 2. What was the basis of the assessor's apparent 60% reduction in the assessment of the parcel since 1975? 3 . What was the reason for the percolation test failure: soil types, the discharge waters, or both? I look forward to your input on this matter. Thanks again. Very truly yours, Geral S. Sack GSS/kap cc: Richard Rittenband, Esq. Mr. William O'Connor ,RESIDENTIAL PROPERTY IC» CARD STREET Rd MAP' BLOCK PARCEL LOT SUMMARY � AMOUN`r,. Nly.�. R OWNER „ DWLG w , + # r 12 1 // ,/�.f �✓7��/•' t� r S OUTBIDG. y r- ' 2, RECORD OF TRANSFER LOTS DATE'. y 3. BK Gam" Pc LR.s.` 'REMARKS: L 7y rN COMM. 10-26=34` 32 420 /-'Z7-��' rn INDUST. µx, S� ACRES t �SG% 'G//C s; L�J d+ Last ,.� TOTAL d°O¢ , C— DWLG OUTBIDG LOTS r,l' V-7 b ' A. L?T T 04 COMM. Y �^+� INDUST. " ACRES k & roll. O y' r L tQ 6r�f' TOTAL v q n DWLG 1 OUTBLDG. � 'ry LOTS COMM. x RAP:!a � ' INDUST. ,w /)/t a(r it/y i2s1 fi s r ACRES NTERIIJR INSPECTED: TOTAL m E ti DWLG n kM OU TB D L .�G ` ACREAGE COMPUTATIONS ' LAND'.TYPE # OF ACRES PRICE TOTAL DEP o. LOTS yaa 3 VALUE faal ASSESSMENT COMM. ,4. HOUSE;LOT '' (S� . �. �✓ c a+mr i D D T 2 5 /4 C'FAREO°'FRONT' INDUST. a 5 REAR r< c 7 ACRES PASTURE FRONT TOTAL ; DWLG f WOODSr 6 SPROUT FRONT I• S ? A,� �-� OUTBLDG: � q REAR a .., .ro _ LOTS' 3s. YMASTE�FRONT -� s COMM. 4 F' ?REAR INDUST. r 5,W ACRES ° b ' c TOTAL „ s ra"awx' LOT COMPUTATIONS {.AND FACTORS DWLG FRONT:', DEPTH STREET PRICE DEPTH%I FRONT FT.PRICE TOTAL �• `DEPR. OR.INW, •;yALUE Fo HILLY NO CITY SEWER y`ra 1. ASSESSMENT OUTBLDG. ROUGH NO CITY WATER LOTS 3 HIGH GRAVEL RD. COMM. LOW DIRT RD. � rS DU T a . 5 � a � I r. SWAMPY NO RD. ACRES br LEVEL. PAVED ` TOTAL O T NDS S" U H;s W O,. R.CONNECTICUT- : UNITED APPRAISAL CO.. EAST HART FORO•CONK 'r.. t � , m NO Or f. F, f " t � f M � `t + e. t 01 ei xv. 77 SACK, SPECTOR AND BARRETT ATTORNEYS AT LAW 836 FARMINGTON AVENUE (203)233.8251 WEST HARTFORD,CONNECTICUT 06119 FAX(203)232-8736 October 7, 1992 PERSONAL AND CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Robert Deptula, R.S. Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Kenneth E. Miller v. Town of South Windsor Dear Mr. Deptula: Enclosed is a report by plaintiff's new "expert", Philip Block. Please phone me with your comments. Please also find enclosed a disclosure of you as an expert witness for the town. Please call if this does not accurately reflect what you are able to testify to. Very truly yours, era d S ck GSS/kap enclosure • t NO. CV 92 0050042S KENNETH E. MILLER SUPERIOR COURT VS. J.D. OF TOLLAND/ROCKVILLE AT ROCKVILLE TOWN OF SOUTH WINDSOR OCTOBER 7, 1992 PRELIMINARY DISCLOSURE OF EXPERT Mr. Robert Deptula, Sanitarian of the Town of South Windsor, I i will testify as an expert witness for the defendant. Mr. Deptula will testify that, in his opinion, the storm water discharge on the I property has no effect on whether or not the property can support a subsurface waste disposal system. He will further testify that in his opinion, based on the soil testing to date, the site is not i suitable to support a subsurface waste disposal system. Mr. Deptula will also explain the soil testing to date, the standards and regulations that apply to soil testing, the requirements for j i approval of a subsurface waste disposal system, and relevant Town records concerning the site. Mr. Deptula 's opinions and conclusions are based on his experience as Town Sanitarian, his training, his review of Town records, and his observations of the site. Defendant, Z4 tl,-- By G rald S. S ck Sack, Spec r & Barrett 836 Farmin ton Avenue West Hartf rd, CT 06119 SACK,SPECTOR AND BARRETT • ATTORNEYS AT LAW 836 FARMINGTON AVE. • WEST HARTFORD,CT 06119 • (203)233-8251 • JURIS NO.52776 s •a This is to certify that a copy of the foregoing has been mailed to Heffernan & Heffernan, 29 South Main Street, West Hartford, CT 06127 and John M. Casey, Esq. , 475 Buckland Road, South Windsor, CT 06074 on this 7th day of October, 1992 . f Gerald S. Sack I i i I i i SACK,SPECTOR AND BARRETT • ATTORNEYS AT LAW 836 FARMINGTON AVE. • WEST HARTFORD,CT 06119 • (203)233-8251 • JURIS NO.52776 Connedicut Environmena eAssocidtes 58 FLEETWOOD ROAD • NEWINGTON, CONNECTICUT 06111 • (203) 666-1614 June 17, 1992 Atty. Joan B. Keating-McKeon Heffernan & Heffernan 29 South Main St. P.O. Box 270085 West Hartford, Ct. 06127-0085 Re: Miller, Kenneth v South Windsor PRELIMINARY REPORT Dear AttY Keating-McKeon: -McKeon: Thank you for covering for Joe during his convalescence. As he requested, I have taken a first look at this property and its soils problem. The property is vacant land located on the east side of Neiderwerfer Rd. near the East Windsor town line. It is best located as being just north of a telephone pole marked # 2211 . The land shows a gentle visual slope from the street down towards the rear (easterly) . The surface vegetation and soils were greatly disturbed by clearing activities that occurred in the recent past. The soil surface showed a silt soil with some sand and clays mixed in, not to different from that reported in the 1988 septic investigation report. More importantly, on that day, more than a week after heavy rains, most of the soils showed clear signs of dampness. Other undisturbed lands adjacent also showed ferns and other wetland vegetation. Therefor, it is clear that in it' s present condition, the lot suffers from excess water. A cardinal point in considering the source of such water is the catch basin located just to the north of the telephone pole mentioned above. That basin drains thru a stub pipe (10 -15 ft) into the Miller' s lot. At the time I investigated, there was a impoundment of water approximately 2-3 ft. wide, 12-15 ft. long and 1 ft. or more deep at the discharge point of this pipe. There was no stream discharge beyond that point. This water appears to dissipate into the lot flooding the land at random and of course soaking the soils. Am I correct in understanding that the dispute centers upon Mr. - ---- - -- --Miller -s- desire--to-use--the-lot-as--a homes ite-� And thatthe-- - -- - -- saturated soils found in 1988 prevent the installation of a septic system? If that is correct, then I would suggest . the following: 1 . Excavate a drainage ditch from the discharge point of the catch basin down the steepest slope to the rear of the lot. 2. After allowing for the lot to dry, repeat and complete the site investigation started in 1988. This should be done during the driest part of the summer. But note that the Health Department may rightfully require waiting for high ground water next spring before final determination. 3. If as I might hope, the ditch shows that the lot can dry out to a point where a septic system may be installed, then this matter might be settled by the Town agreeing to install piping discharging the catch basin to the rear of the lot. Mr. Miller would probably be asked to provide a proper easement for this pipe. 5. However, such a pipe and easement would further assist Mr. Miller since I would expect that a curtain drain across the front of the lot draining into that pipe and easement would further improve the lot and the proposed septic system. Please contact me to discuss this matter further. I remain available to supervise the experimental development of the property at your direction. Sincerely Yours Philip M. Block PMB/cb SUPERIOR COURT "X" ONE OF THE FOLLOWING: Amount, legal interest or prop J / _ oily in demand, exclusive of in- �513T51 349.St•350.52a5a, terest and costs is t,! t CLERK INSTRUCTIONS ASSISTANT TC,�(� a. less than$2.500 ets 3 and 4). b. ❑ .500 through $14.999.99 '1e p,l typewriter:sign original summons(top sheet)and conform copies of the suevnons i U defendant. ❑ $y ,000 or more there is more than one defendant,prepare or photocopy conformed summons tdr e:�ch addit �lfe attach a co of the o' + _.. e Z to lice orroinnl comF nt. copy slttach the original summons. with computer sheet attached (page ). are form JD CV-2 and attach �'Summons to each copy of the complaint.Also.if there are more than plaintiffs or.f delrrdants. ,'p Cl in g other relief in addi- � It to the original and all copies of the complaint. plc•court. MA R j 6 � do ;to or in lieu of money t '.After service has been made by officer, file original papers and officer's return with the clerk e 5. -.The party recognized to pay costs must appear personally before the authority taking the iecog "once. �darnages. 6. Do not use this form for actions in which an attachment, garnishment or rep:evy is being snug^ "eP Practice BookFcfrbn'19 i for other exceptions. TO:Any proper officer; BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to make:d�ue and legal service of this Summons and attached Complaint. JUDICIAL DISTRICT OR G.A:NO. AT(Town m which writ is returnao'e'(Gen Star.jl-34E.5'- t RETURN DATE(.6lo..dad.it; Tolland Rockville March 31 , 1992 CASE TYPE,{O,n 'udlC:a%D^nt. 5t) ADDRESS OF CLERK OF COURT WHERE WRIT AND OTHER PAPERS SHALL BE FILED fGe...S.af.SI�t,.Sr 3 0� -1- Major E Minor 69 Brooklyn Street c ❑ Form JD-CV 2 NOTE: Individual's Names: PARTIES NAME AND ADDRESS OF E��CH PARTY attached Last, First, Middle initial FIRST NAMED PLAINTIFF ► KENNETH E. MILLER, 65 Barber Hill Road, Broad Brook, CT 06016 Additional Plaintiff --- FIRST NAMED DEFENDANT ► TOWN OF SOUTH WINDSOR, 1540 Sullivan Avenue, South Windsor,CT Additional 06074 Defendant Additional Defendant Additional Defendant NOTICE to each DEFENDANT 1. You are being sued. 6.�The "Appearance" form may be obtained at the above Court 2. This paper is a Summons in a lawsuit. address. 3. The Complaint attached to these papers states the claims that cover the claim each Plaintiff is making against you in this lawsuit. 7. If you believe that you have insurance that may 4. To respond to this summons,or to be informed of further proceed- that being made against you in this l,iuit, you should ings,you or your attorney must file a form called an"Appearance" immediately take the Summons and Compplaint to your in with the Clerk of the above named Court at the above Court sur:lrlce representative. address on or before the second day after the above Return Date. 8. If you have questions about the Summons and Complaint, you 5. If you or your attorney do not file a written "Ap earance" form should consult an attorney promptly. The Cie of Court is on time, a judgment may be entered against ou by default. not permitted to give advice on legal questions. TYPE IN NAME OF FE?.SCN'.;'iNl'!G AT LEFT DATE GNED(sign and"X"proper boxy ^port Commissioner of Superior JOAN KEATING-McKEQN February 19, 19 9 21L� Assist?nt Clerk FOR THE PLAINTIFFS ENTE TH APPEARANCE OF: ELEPHOf:E No uR-S.I , v raw iir,W NAME AND ADDRESS OF ATTORNEY•-LAW IRM R PLAINTIFF IF PRO SE 0 6 1 2 7—0 0 8 5 HEFFERNAN & HEFF AN,- 29 So. ain St. , West Htfd. ,CT521-5390 27092 NAME AND ADDRESS OF PERSON RECOGNIZED TO PROSECUTE IN THE AMOUNT OF$250 - SIGNATURE OF?LAINTIFF•- Richard C. Mahonev, 5 Grand Str et, rtford, CT N0.PLFS. N0.OEFS. N0.CNTS. SIGNED Ificial taking recogrV ce:"X"p F box Commissioner of Superior Court For Cdwi 1 1 3 Q RECEIPT NO. No U Assc:tant Clerk ❑ Fee IF THIS SUMMONS 1S SIGN b CLERK: FILE DATE a. The signing has been done so that the Plain- advice in connection with any lawsuit. tiff(s)will not be denied Access to the courts. d. The Clerk signing this Summons at the re- ATTEST: EST: b. It is the responsibility of the Plaintiff(s) to quest of the Plaintiff(;) is not responsible AIL* Opy see that service is made In the manner pro- in any way for any errors or omissions in vided by law. the Summons, any allegations contained in c. The Clerk is not permitted to give any legal the Complaint, or the service thereof. DaVI d F. HUbbs, Deputy Sheriff hereby certify I have read SIGNED(Pro se plaintiff) DATE SIGNED DOCK T and understand the above: - RETURN DATE: March 31, 1992 SUPERIOR COURT KENNETH E. MILLER J.D. OF TOLLAND VS. AT ROCKVILLE TOWN OF SOUTH WINDSOR FEBRUARY 19 , 1992 COMPLAINT COUNT ONE 1. On December 18 , 1990, Edmund E. Miller was deceased, and certain real property on Niederweifer Road, South Windsor, Connecticut more particularly described in Exhibit A, hereto attached and incorporated herein, was devised and distributed to the plaintiff, Kenneth E. Miller. 2. At the present time the plaintiff-devisee Kenneth E. Miller is the title owner and possessed of certain real property on Niederweifer Road, South Windsor, Connecticut, more particularly described in Exhibit A. S 3 . On or about February 25 , 1960 , Edmund E. Miller entered into an agreement with the defendant Town of South Windsor, which was "merely a license to the Town to discharge water over Edmund E. Miller' s land and said license was revokable at will by Edmund E. Miller (See Exhibit B) . 4 . At this time, and in consideration of Edmund E. Miller' s permission to allow the Town of South Windsor the discharge storm drain .water over Edmund E. Miller' s land, the defendant Town of South Windsor promised to make no claim for a permanent right to discharge water upon Edmund E. Miller' s land at said location. 5 . On or about August 8, 1988 , the attorney for Edmund E. Miller -notified---by certified mail the defendant -Town -of__SouthWi.ndsor own Manager, Richard J. Sartor, that effective September 1 , 1988 , Edmund E. Miller was hereby revoking the license previously granted to the Town, as the discharge of water over said land had resulted in a hardship to Edmund E. Miller. 6 . On or about September 7, 1988 , Attorney Ralph J. Alexander requested by letter that Edmund E. Miller extend by thirty (30) days the September 1, 1988 deadline. - 7. Since September 30, 1988 and in violation of Edmund E. Miller' s rights of possession and title and, as the devisee, plaintiff Kenneth E. Miller' s rights of possession and title, the defendant Town of South Windsor has persisted in unauthorized dumpage of storm drain water onto said real property, which the Town has had reason to know and/or should have known was substantially certain to occur, thereby resulting in a trespass to said land. 8 . As a direct result of the defendant Town of South Windsor' s trespass to said land, this property has been flooded by an unnatural accumulation of water which has had a deleterious effect upon it. 9. As a direct result of the defendant Town of South Windsor' s trespass to this land, the plaintiff Kenneth E. Miller has suffered damage in one or more of the following ways, for all of which the plaintiff has been irreparably harmed and there is no adequate remedy at law: a. Said unauthorized dumpage of drain water has rendered the plaintiff' s land uninhabitable for dwelling purposes; b. Said unauthorized dumpage of drain water has diminished the value of the plaintiff' s property; c. Said unauthorized dumpage of drain water has rendered the plaintiff' s property unsaleable. 2 Count Two 1-6 . Paragraphs 1 through 6 of Count One are hereby made Paragraphs 1 through 6 of Count Two as if fully set forth herein. 7 . Since September 30, 1988 , and in violation of the rights of possession and title of Edmund E. Miller and, as the devisee, Miller' s rights of possession and title and, as the devisee, plaintiff Kenneth E. Miller' s rights of possession and title, the defendant Town of South Windsor has persisted in unauthorized dumpage of storm drain water onto said real property, which the Town has had reason to know and/or should have known was substantially certain to occur, thereby resulting in a trespass to said land. 8 . The act complained of is a nuisance and has caused and will cause the plaintiff irreparable harm and damage, in that it is continuous and recurrent, and unless restrained will continue. 9 . As a direct result of the nuisance created on this land by the Defendant Town of South Windsor, the plaintiff Kenneth E. Miller has suffered damage in one or more of the following ways, from all of which the plaintiff has been irreparably harmed and there is no adequate remedy at law: a. Said unauthorized dumpage of drain water has directly and immediately interfered with the plaintiff' s use and enjoyment of his land; b. Said unauthorized dumpage of drain water has rendered the plaintiff' s land uninhabitable for dwelling purposes; C. Said unauthorized dumpage of drain water has diminished the value of the plaintiff' s property; d. Said unauthorized dumpage of drain water has rendered the plaintiff' s property unsaleable. 3 Count Three 1-6. Paragraphs 1 through 6 of Count One are hereby made Paragraphs 1 through 6 of Count Three as if more fully set forth herein. 7. Since September 30 , 1988 and' in violation of the rights of possession and title of Edmund E. Miller and, as of the devisee, plaintiff Kenneth E. Miller, the defendant Town of South Windsor has persisted in unauthorized dumpage of drain water onto said real property, thereby excluding the owner from his private use and possession. 8 . . By virtue of said unauthorized dumpage of drain water onto the plaintiff' s property, the defendant Town of South Windsor has assumed the use and possession of the land for public purposes. 9 . As a direct result of this confiscation without just compensation, cannot be utilized for any reasonable and proper purpose, and the economic utilization of the property is, for all practical purposes, destroyed. 10 . As a direct result of this confiscation, the plaintiff has been irreparably harmed and for which there is no adequate remedy at law. WHEREFORE, the plaintiff claims: 1 . A temporary and permanent injunction restraining further dumpage of drain water. 2. An order for the removal of said drain water. 3. Damages. 4. Such other relief as the court may deem fair and equitable. 4 PLAINTIFF, KENNETH E. MILLER J NN KEATING-MC� ON EFFERNAN AND H FERNAN Juris #27092 29 S. Main St. , P.O. Box 270085 W. Hartford, CT 06127-0085 Telephone: 521-5390 OATH State of Connecticut Town of West Hartford /i County of Hartford j Personally appeared Kenneth E. Miller and made oath to the truth of the matter contained in the foregoing complaint, before me N terry--Public Commissioner of e Superior Court JOAN KEATING-NcKFO'd -NOTARY PUBLIC MY C MMISSION EXPIRES.1ANN.,31,I997 AT7 COPY pavid F, �lartf0rd coatY RETURN DATE: MARCH 31, 1992 : SUPERIOR COURT KENNETH E. MILLER : J.D. OF TOLLAND VS. : AT ROCKVILLE TOWN OF SOUTH WINDSOR : FEBRUARY 19 , 1992 CERTIFICATION INTO COURT The accompanying application made to me in the above entitled action and proceeding thereon had before me are hereby certified to the court. Judge of Superior Court RETURN DATE: March 31, 1992 SUPERIOR COURT KENNETH E. MILLER J.D. OF TOLLAND , VS. AT ROCKVILLE TOWN OF SOUTH WINDSOR FEBRUARY 19, 1992 BOND Know All Men by These Presents, that Kenneth E. Miller, 65 Barber Hill Road, Broad Brook, Connecticut 06106, plaintiff in the above entitled action, as principal, and Thomas McHugh, 1014 Farmington Avenue, West Hartford, Connecticut, as surety, are holden and bound, jointly and severally, unto Town of South Windsor, 1540 Sullivan Avenue,- South Windsor, Connecticut 06074 the penal sum of $ 250 . 00 , to which payment well and truly to be made, the obligors hereby bind themselves, their successors, heirs, executors and administrators, firmly by these presents. The condition of this obligation is such that whereas Kenneth E. Miller, has brought an action against The Town of South Windsor, the action being returnable to the superior court for the judicial district of Tolland, on March 17 , 1992, demanding .equitable relief as therein more fully appears, the writ being dated at West Hartford on February 19, 1992 and signed by Joan Keating McKeon, commissioner of the superior court in Connecticut: and Whereas in the action an application was made for a temporary injunction and a temporary injunction, a copy of which is hereto annexed was granted, upon condition that Kenneth E. Miller, furnish a good and sufficient bond to the de-f-endant. - - -- - -- - - - -- Now therefore, if the plaintiff shall prosecute the action to effect this bond shall be void and of no effect; but if the plaintiff shall fail to prosecute the action to effect, then this bond shall be in full force and effect and obligors herein shall be bound to answer all damages accruing by reason of the issuance of the temporary injunction. JKen' h . MillerHugh _Approved, Judge ATTEST: A True Co- y C David F. Hubbs, Deputy Sheriff Hartford County RETURN DATE: March 31, 1992 SUPERIOR COURT KENNETH E. MILLER J.D. OF TOLLAND VS. AT ROCKVILLE TOWN OF SOUTH WINDSOR FEBRUARY 19 , 1992 TEMPORARY INJUNCTION The plaintiff' s verified complaint and application for a temporary injunction having come before the Court and it appearing to the court that a temporary injunction ought to issue, and the plaintiff having given a bond to the opposite party with surety satisfactory to the Court in the sum of TWO HUNDRED FIFTY ($250 . 00) DOLLARS to answer all damages in case the plaintiff shall fail to prosecute the action to effect. These are, therefore, by authority of the State of Connecticut to command and enjoin you, Town of South Windsor, and each of your officers, agents, servants and employees under penalty of $ to wholly and absolutely desist and refrain from dumping drain water onto real property on Niedeweifer Road, South Windsor, owned and possessed by the plaintiff, until the return day of the writ and complaint and until further order of the Court. Dated at BY THE COURT ( ►J) Assistant Clerk r V RETURN DATE: March 31, 1992 SUPERIOR COURT KENNETH E. MILLER J.D. OF TOLLAND VS. AT ROCKVILLE TOWN OF SOUTH WINDSOR FEBRUARY 19 , 1992 ORDER OF SERVICE To Any Proper Officer: By authority of the state of Connecticut, you are hereby commanded to give notice of the foregoing order of temporary injunction to the defendant, by serving upon him, in the manner provided by the statute for the service of process, a true and attested copy of the foregoing writ, complaint, temporary injunction and of this citation on or before and return make to this court. Dated at BY THE COURT ( J. ) Judge-Asst. Clerk CERTIFICATION I certify that a copy of the foregoing was mailed postage prepaid to the defendant on the day of February, 1992. JOAN KEATING McKEON JOSEPH A. HOURIHAN CERTIFICATION I certify that a copy of the foregoing was mailed postage prepaid to the defendant on the day of February, 1992 . JOAN KEATING McKEON JOSEPH A. HOURIHAN SACK, SPECTOR AND BARRETT ATTORNEYS AT LAW 836 FARMINGTON AVENUE (203)233-8281 WEST HARTFORD,CONNECTICUT 06119 FAX(203)232.8736 June 12, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Michael Gantick, P.E. Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Enclosed please a letter to you dated May 12 in the above captioned file. Have you been able to look into this matter? I look forward to hearing from you shortly. Very truly yours Gerald �fSack kap enclosure .lp lid PIANO 111 j/ jWM0is0.W!nW May 12, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Michael Gantick, P.E. Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Thank you so much for your letter of May 4, with enclosures. Would you please ascertain from Mr. Belleville this further clarification: What does he mean by "land topography causes this parcel to be wet"? In other words, is this an inherent topographical feature of the property, or is he referring to the drainage in question? As in the prior case, please have all inquiries designated "Attorney-Client Privileged Communication" Thanks again. Very truly yours, Gerald S. Sack GSS/kap cc: Richard Rittenband, Esq. Mr. William O'Connor SACK, SPECTOR AND 13ARRETT ATTORNEYS AT LAW 836 FARMINGTON AVENUE (203)233.8251 WEST HARTFORD,CONNECTICUT 06119 FAX(203)232-8736 May 12, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Michael Gantick, P.E. Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Thank you so much for your letter of May 4, with enclosures. Would you please ascertain from Mr. Belleville this further clarification: What does he mean by "land topography causes this parcel to be wet"? In other words, is this an inherent topographical feature of the property, or is he referring to the drainage in question? As in the prior case, please have all inquiries designated "Attorney-Client Privileged Communication" Thanks again. very truly yours, L Gerald t . Sack GSS/kap cc: Richard Rittenband, Esq. Mr. William O'Connor 11 p 12 last M r -- r�a s saw M ace To� o_ps_a� V&Uaot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 !'IOSOR.co AREA CODE 203/644-2511 v PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGE COMMUNICATION May 4, 1992 Gerald S . Sack, Esquire Sack, Spector and Barrett 886 Farmington Avenue West Hartford, CT 06119 Dear Attorney Sack: Subject: Miller v. Town of South Windsor Attached for your information are responses from Town Departments concerning the inquiries you made in your April 13, 1992 letter. Should you have any further questions, please feel free to contact me. Very truly yours, Michael J. Ga ick, P.E. Director of Public Works MJG:bmr Attachment cc: Richard M. Rittenband, Town Attorney O a 7-11wz'lln o-P S-Otl& 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 l�oSOR,COt1 AREA CODE 203/644-2511 To: Michael Gantick Director of Public Works From: Ed Belleville Assessor Date: April 14, 1992 Re: Letter of Inquiry From Sack, Spector and Barrett Below is the response to question 2 on the above referenced letter: 2. What was the basis of the assessor's apparent 60% reduction in the assessment of the parcel since 1975? Ans. A depreciation of 60% was applied for the fact that this parcel is vacant and also for the fact that the land topography causes this parcel to be wet which adversely affects the value. VC1- Ed Belleville April 30, 1992 MEMORANDUM TO: Michael Gantick, Director of Public Works RE: Miller vs. Town of South Windsor As per your request, following are responses to #1, Environmental only and #3 of correspondence to you from Gerald S. Sack regarding Miller vs. Town of South Windsor dated April 13, 1992. #1 As is apparent from observation pits dug toward the rear of the property March of 1988, the soil at those pit locations was of poor quality for septic system installation. (Reference enclosed data sheet and letter to property owner). Ground water was observed at similar depths below existing grade in three different test pits, each separated by more than 100 feet. These factors combine to indicate that the property probably is not suitable, or marginal at best, for septic system installation. As for the discharge, any potential effect would be limited to the southern most portion of the property over which the discharge flows. The discharge is surface water and temporary discharge of road run off only would not effect septic system installation. However, it is currently known that high ground water exists on the .property itself which may preclude septic system installation. #3 As indicated on the investigation for sewage disposal form dated March 8, 1988, no percolation test was conducted at that time. It still must be done. Observation pits were dug which showed poor soil and high ground water that may make the area unsuitable based on pertinent health code requirements. As indicated on the enclosed data sheet, additional soil testing in addition to the percolation test is required to determine suitability. I have reviewed this memo with Attorney Rittenband who suggests that this information be conveyed to Attorney Sack under Attorney-Client Privilege Communication and that Attorney Rittenband would be happy to discuss this matter with Attorney Sack. -- - ------ Robert -Deptu 1-a RS - - -- ------ Environmental Health Officer RD:jh �4owM sf,`� F � M� 01, 9 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 ��tipsoR,co AREA CODE 203/644-2511 April 21, 1988 Mr. Edmund E. Miller 65 Barber Hill Road Broad Brook, CT. 06016 Dear Mr. Miller: Enclosed, for your information, are the results of the soil testing conducted on your property on Niederwerfer Road by this department. This soil testing was requested by William Mitchell. The results at this time, although not definitely conclusive, are not encouraging. Please refer to the enclosed data sheet. Very truly yours, Robert Deptu a, R.S. Environmental Health Officer Enclosure RD/ml P+RIf` SOUTH WINDSOR HEALTH DEPARTMENT APFTLi:A'ICY �10. I1fV=GATICR FOR SEUAGE DISPOSAL SYSTEM a di 4 Soup 'k Oi+aes 9rN,cller wr LOC=ON Al e O F $!sJ Y �v�`colerwcrENu D,�l � tl.�P'W���CY' �� PBACOL%=01T TESTS: (Record all- tests) 3-Y -8g SOIL MOISTUI: + I�te by �; mod., low, etc. Cre�C„ Psfed �il�:c�kti,H, TWT READINGS ROLE #1 HOLE #2 nCLE #3 HOLE + Time Reading Time Reading Time Reading Time Reading TABULATION OF Tr—'1t T R:T-MTS depth Presoak mini— .Percolation sate Hole Location (?nChes) Ers. ) (MSas./Iach) 1 . CBSERQATION PITS: (Record all pits) 3 Ground ester Table: �, e ov Atax., etc OTL DE'SCRZP'CIO`.+� PIT A PIT B ?T'P C I PIT D d^J"- !lter O� -- �j.j&_ t -!o" c'owpacf .ti/-Ay 1'o�y"- si/�y.3ay'/ones. ,Z ,16� SaNdy �Usr..c so�we 3a.ad --sv+xeclay clay corsfew� silt' Y-elay cowpacsf savtidy y.17,_ pah 1aye-e PaN fa.ye"� 7r ar.�layer tm-,gle ay /0"`4OY ,�'�v��la � G�� ���p yc• la.Ye� VeMy S�vra�eal G-w �P ld Jay�ru�ed I,vp,�er S� d wj 7 K'I o efrc-557oti by -koa yfab (jZGr, TABULATT-OTT OF OBSMATTION Pi"S Ground Soil pit Locaticu Depth L_dg! At Water At Mc`•.t=n:. - - - D over CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COZOMICATION MEMORANDUM TO: Michael J. Gantick, Director of Public Works FROM: Marcia A. Banach, Director of Planning DATE: May 4, 1992 RE: Miller vs . Town of South Windsor Per your request, in response to Attorney Gerald Sack's request for information dated April 13, 1992, I offer the following. The subject property is located in the Rural Residential zone, which has a minimum lot size of 40,000 square feet. The lot size requirement would seem to be a limiting factor for lot division, with a maximum of two lots possible with 2 .5 acres (2 .5 acres equals 108,900 square feet, which yields only two lots. of minimum 40,000 square feet) . Minimum frontage and depth requirements, plus other zoning/wetlands regulations, would also have to be met (such as provision of a 90' x 90' buildable square exclusive of regulated wetlands, 15% slopes, etc. ) . I would note that this assessment represents potential lots at best, as any property's ability to support residential development is strictly dependent on the nature of the land itself (e.g. , the land's ability to provide drinking water, sewage disposal, safe access, and to meet all zoning and inland wetlands regulations) . I a 10, t C Q ;. 4 x •. f � � a � 1 ♦� Y �� 4 � r �� ►' , ��� �r �A` �yK11�{ �h \• i £ `, ••5 It a $� Y .4 A x 8 O � o-'i0pe S-11aUL4 ?d&U&-Ot C U w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN '06074 SOR-Co� AREA CODE 203/644-2511 M E M 0 R A N D U M March 2, 1990 TO: Ed Belleville, Assessor SUBJECT: MILLER PROPERTY - NIEDERWERFER ROAD The subject property has been reviewed by the Town Attorney regarding the existing drainage conditions (see attached map) . The Town Attorney has requested that we try to determine the value of the subject property: a) with the proposed drainage easement on it, b) without the proposed drainage easement (existing condition) , and C) without the existing drainage flowing onto the property. Should you have any questions regarding this matter, please contact me: Michael J. Gantick, P.E. Department of Public Works MJG:bmr Attachment cc: Richard M. Rittenband, Town Attorney Project File LAW OpFCFS BRADY, MLL.ARD&ALEXANDER CER"LO W.BRAr�y 303 BURNStDE AVENUE RICHABD C.WILLAPD EAST HARTFORD.CON E CTlCG'T 06108 NntpH 1 ^UXANDER 12031289•3477 MICHAEL E WOLF September 7, 1988 .Joseph A. Hourih Heffernan and Heffernanlre 15 North Main Street P.O. Box 85 ':K West Hartford, Connecticut 06107 Re: Easement over property of Mr, Edmund Mi1Ier Dear Joe: Pursuant to our recent telephone conversation I a in reference to your September 1, 1988 deadline, m requesting a thirty options with abutting property owners that may Presently the Town is exploring a nu extension acceptable to all parties concerned, y well affect a resolution to the situation which the options available to it. The Town will need the next thirty days in tuber of the course of action it ultimately elects.our posted as to the Towns progress on this ich is order to examine s matter and VC trul s RJA/dr Ralph J Alexander cc. Town of South Windsor Michael Gannick Director of Public Works • HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P.O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JA.MES E.HEFFERNAN.JR. JOSEPH A.HOURIHAN (1950 TO 1976) VINCENT E.ROCHE TELEPHONE 521.5390 LESLIE S.SHEPPARD August 8, 1988 Mr. Richard J. Sartor Town Manager Town of South Windsor 1540 Sullivan Avenue S. Windsor, CT 06074 Dear Mr. Sartor: As we have previously indicated to you, our office represents Mr. Edmund Miller. Please be advised that effective. September 1, 1988 our client does hereby revoke license previously granted to the town of South Wi.,Ldsor to discharge water over his property as more fully set forth in lettar from Town Attorney Edwin Lassman dated Feb. 25, 1960 a copy of which is attached hereto. Very truly yours, HEFFERNAN AND HEFFERNAN JOSEPH A. HOURIHAN JAH -eo cc: Mr. Ralph Alexander - Corporation Counsel ✓Edmund Miller HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P.O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JOSEPH A.HOURIHAN JAMES E.HEFFERNAN.JR. (1950 TO 1976) ESLIE S. E.EPPAR TELEPHONE 521.5390 LESLIE S.SHEPPARD April 28 , 1988 CERTIFIED MAIL Mr . Richard J. Sartor Town Manager Town of South Windsor 1540 Sullivan Avenue S . Windsor , CT Dear Mr . Sartor: Please be advised we represent Mr. Edmund E. Miller of 65 Barber Hill Road, Broad Brook, Connecticut. Our client owns property on the east side of Niederweifer Road in South Windsor , Connecticut. Our client has since February 1960 allowed the Town of South Windsor to discharge water over his land in accordance with letter agreement he had with the town as set forth in February 25, 1960 letter from then town Attorney Mr . Edwin A. Lassman. This situation is now creating a hardship on our client., and he must take steps to revoke the above license that had been previously granted to the town. In reviewing the situation, we contacted Attorney Richard Rittenband, thinking that he ws still the town Attorney: Attorney Rittenband indicated that, alas he is no longer town attorney - but suggested that we contact you concerning this matter. We would be willing to discuss this situation with the appropriate town officials prior to. formally revoking said licence. Thus, if you are interested in discussing this situation prior to clients formal revocation of this license with the inevitable legal involvements thereafter; please contact the appropriate town officials and have them or 'yourself get back to the undersigned to arrange a meeting to discuss the alternatives. We understand that the town budget will be reviewed next week, and the undersigned will be out. of the office on May 5th and 6th. Thus , we will forbear from any formal revocation until after May 13, 1988 in order to give you an opportunity to respond to this letter. - -- - - - - - ---------Very-t-r-u 1-y- y_ou r-s-. - - - HEFFERNAN AND HEFFERNAN Q. CC K�,, BY: Hosep .. Hourihan 0 :c1LLIVAN AVENUE SOUTH WINDS(-- :'UNN. 06074 AkFA caf)= 203 f 644-25:: I I t Septemher 3o , 1988 Ralph Alexander Esquire Town Attorney 303 Burnside Avenue East Hartford, CT 06108 Dear Ralph: RE : EASEMENT OVER PROPERTY OF EDMUND MILLER NIEDERWERFER ROAD Pursuant to our previous conversationsr we have Pursuing two alternatives regarding Mr . Miller's drainage concern. The alternative which would appear to be the most viable, would be to extend the drainage p outlet northerly along Niederwerf er Road approximately its 00 efeet to what appears to be an existing R. . . engineering/field work has begun. The scope of this proPreliminary such that it will requires funding consideration next fiscal ed is Therefore, the following is the schedule, I feel, this year . would fit: 1 project 1 . Field Survey �; October 2 . Engineering De` i n 1988 g November-December 1988 3 . Application IW /CC January 1989 4 . Submit Cost for Budget February 1989 S. Bid Project June 1989 6. Open Bids ` July 1989 7. Start Construction August 1989 8 . Complete Construction October 1989 Should you have any questions regarding this matter, please contact me. Very truly yours, Michael J. ntick Director of Public works MJG:bmr cc: Project File BERT. L. MCNAMARA, ASSESSOR TOWN HALL 1--- SOUTH WINDSOR, CONNECTICUT 06074 Diller, E�round E. 14. . . -�•- .. RFD 3 Rockville i Conn. l *p04P �01 EDWIN A. LASSMAN ' ATTORNEY AT LAW 37 LEWIS STREET HARTFORD 3. CONNECTICUT JACKSON 2.0283 February 25, 1960 Mr. Edmund E. Miller Niederweifer Road South Windsor, Connecticut Dear Mr. Miller: Please be advised that in consideration of your permis- sion to allow the discharge of storm water from a drain running along the west side of Niederweifer Road, across Niederweifer Road through a tile to the east side at a point opposite your land, the Town of South Windsor will make no claim for a permanent right to discharge water upon your land at said spot. It is understood that your permission is merely a license to discharge water over your land and said license may be revoked by you at will. The land affected by the license is that land located in the Town of South Windsor bounded: Northerly by land now or formerly of Reuben Skinner Easterly by land now or formerly of J. Bermont Southerly by land now or formerly of Bruno-Rothe Westerly by Niederweifer Road. Ver my yours, Edwin' A. Las sman (0:: 1.k. Tom-::O' Attorney EAL: lc 1 ,a M C + � 70� Ole sloluv-t � , U e wG 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f�psoe•C0N� AREA CODE 203/644-2511 April 15, 1988 Mr. Edmund E. Miller 65 Barber Hill Road Rockville, CT. Dear Mr. Miller: Enclosed, for yoifr information, are the results of the soil testing conducted on your property on Niederwerfer Road by this department. This soil testing was requested by William Mitchell. The results at this time, although not definitely conclusive, are not encouraging. Please refer to the enclosed data sheet. Very truly yours, Robert Deptula, R.S. Environmental Health Officer Enclosure RD/ml --may:-- ------------ -- --- �u._c�c__ �N - .ct- -------------- -- - ------- - - J �—g y �yY rr `t'v�y �G•;d y . ------------ hn tz H t/�Y a tr--v r/y --- - --- Mom'` ----------- - ---_-- - I. :r vvuatt i+ uvv+ aaa.nuaaa ua.a �t�t •tLtva li1C�'rt1'Lili1Y yUo • 321Y STIGATION FOR SEWAGE DTSPCSAL SYSTV-14 di 4 r( d� �'l3-J Sf NI`CC1L'Y`wCN�t'� owner 1n�,C filer ; � LCCATIOR Ali e Aet we-•�er 0 P=OLATION TESTS: (Record all. testa) 3-Y-38' SOIL MOTSTUPr: te med., lov, e a_' •r TEST READINGS HOLE #1 N= #2 BOLE #3 HOLE Time Reading Time Reading Time I.RPading i Time Read-I ,ell TABULATION OF TICT R=L TLTS Depth Presoak Mini— .Percolation pa-. Hole Location., (Inches) (Erg. ) (bias./Inch) 2 CBSERPATI ON PITS: (,Record ell pits) 3-Y-FT Grcund Water Table: Date ;?esr MAX. 7ae.Lov Ifax., OIL DF_qCRZP?'IO?<:� PIT A FIT B PIT C I FIT D d-S"- liter- �-rDu cr�ay�ac�f 1•i1�y -• J-nZy"'- Si//y Saa�dy'lcaa, ,Z�l(,'; SaHc/y �naew./sa+cx S2nc/ :rvote clay c>lay c e filf Y_e/ay /D�/Y - coact° suµdy yIf/.7'- Auh layer 1b���._ pay juyt'i` too !o�`� ! lcRtw 18- 7 - Pra.'^ layer htc�lC ay .. G."" c l8 a 'i Jaye.- c¢eHY l►►of/t e ct 6 Y O,L o y// j ay e,- vea-y -lts �s[s.0 f ezll G_w td "al 1,00-4 ed tvp,�er .sue im6 l ki a befr CsS7o.", by t)a.c. -tw a Yy-ab TABULA'i"ON OF OBSERVATION P17S - --- Ground Soil Pit Locaticu Depth L_dgp At water At Mctt ee g i. A evw. i aCcv�'e d r~_ �l a r.,ti -7 !D 46 `t'- y /( D Ov DEPARTMENT S?IMIAL CO BONS System design larger than 2,000 g.p.d. Water supply .ratershed ffigh ground water (less than 4j ft.) f possible seasonal high ground water Watercourse, marsh or pond Possible seasonal flooding Lmited suitable area Slope over 15Z'- Marginal soil (30 - bo mins./inch) / Shallow ledge (less than 7 ft.) Underlying tight soil (less than 4 ft) V- other Voa� �S3 iir� �. • 91' QIO CONCLUSION c A A Suitable for sewage disposal Unsuitable for sewage disposal Additional investigation required 1� Retest during wet season - ►�- Eng ineer's plan required t4f3jG, RM oMtiQMATI ONS E:��o�- r Investigated by �G�L7 �i�' Title Otr,... AAIK--Wrl J Confirmed/Witnessed by Title - " Comments: Benchmark location Elevation r 'A)eZ GCS eN7- Nt r-&-77o-kj RICHARD M. RITTENBAND ATTORNEY AT LAW 1750 ELLINGTON ROAD SOUTH WINDSOR,CONNECTICUT 06074 (203)644-2456 April 15, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGE COMMUNICATION Michael Gantick, P.E. Director of Public Works - Town of South Windsor 1540 Sullivan Avenue C : South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Enclosed is copy of a letter dated April 13, 1992 from Attorney Sack to me. I would call your attention in particular to paragraph 2. Will you kindly advise your opinion and the ramifications of the various options and what you would recommend. Thank you. V y truly ours, ichard M. Rittenband RMR:f d Encl. SACK, SPECTOR AND BARRETT ATTORNEYS AT LAW 836 FARMINGTON AVENUE WEST HARTFORD,CONNECTICUT 00119 (203)233-8251 FAX(203)232-8736 April 13, 1992 Richard Rittenband, Esq. 1750 Ellington Road South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Dick: Thank you for providing your file on this claim. After reviewing the file, meeting with Mike Gantick, and viewing the site, it appears to me that the only long term resolution of this controversy will be by positive action by the town to either cease the drainage or make an accommodation with Mr. Miller which will permit continued drainage. From your file, I note that several options have been explored. They include (1) purchasing the premises from Mr. Miller; (2) obtaining a drainage easement over a portion of the premises, by deed or condemnation; and (3) redirecting the storm water to another site. I would also suggest as a further option the possibility of renewing the license with Mr. Miller, for a stated fee. Needless to say, these potential solutions, and their ramifications, are beyond the scope of my defense of this tort claim. The financial, environmental, engineering and other ,,Wonsiderations involved in a long term solution to this problem should be for the town's elected and appointed officials to evaluate. I would, therefore, urge you to bring this matter to the attention of the appropriate town officials in the hopes that through your and their joint efforts a dispositive resolution can quickly be achieved. We are well on the way to gathering all the requisite data that will enable us to efficiently defend this claim, to the extent the facts and law permit. Mike Gantick of Public Works has been extremely helpful, and I appreciate your gracious assistance as well. . I will keep you posted as to any significant developments. r Richard Rittenband Page Two April 13, 1992 I would appreciate your comments and input as to the above; and in particular, please keep me advised should there be any decisions as to how the town intends to proceed towards a permanent solution to this unfortunate problem. Thanks again for your help. Very truly you s' Gerald S Sack GSS/kap cc: Mr. William O'Connor 'AW SACK, SPECTOR AND 13ARRETT ATTORNEYS AT LAWS `✓� 836 FARMINGTON AVENUE (203)233.8251 WEST HARTFORD.CONNECTICUT 06119 FAX(203)232-8736 April 13, 1992 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGE COMMUNICATION Michael Gantick, P.E. Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Miller v. Town of South Windsor Dear Mike: Thank you for your time and courtesies in connection with our meeting and site visit of April 9. 1 As discussed, you have kindly agreed to coordinate with the other town departments and gather. information on the following issues: 1. What is the opinion of the Zoning & Environmental offices on the question of whether the discharge has any present effect of the potential development of the parcel for its highest and best use�resumably as residential building lots. ) ? What was the basis of the assessor's apparent 60% reduction in the assessment of the parcel since 1975? 3 . What was the reason for the percolation test failure: soil types, the discharge waters, or both? I look forward to your input on this matter. Thanks again. Very truly yours, Geral S. Sack GSS/kap cc: Richard Rittenband, Esq. Mr. .William O'Connor SACK, SPECTOR AND BARRETT ATTORNEYS AT LAW 836 FARMINGTON AVENUE (203)233-8251 WEST HARTFORD,CONNECTICUT 06119 FAX(203)232-8736 April 13, 1992 2 PERSONAL AND CONFIDENTIAL/ ATTORNEY-CLIENT PRIVILEGE COMMUNICATION Michael Gantick, P.E. APR it_4. 10 LZ Director of Public Works rdsor 1 Town of South Windsor rnott�a 1540 Sullivan Avenue South Windsor, CT 06074 .`. Re: Miller v. Town of South Windsor Dear Mike: Thank you for your time and courtesies in connection with our meeting and site visit of April 9. As discussed, you have kindly agreed to coordinate with the other town departments and gather information on the following issues: 1. What is the opinion of the Zoning & Environmental offices on the question of whether the discharge has any present effect of the potential development of the parcel for its highest and best use (presumably as residential building lots. ) ? 2 . What was the basis of the assessor's apparent 60% reduction in the assessment of the parcel since 1975? 3 . What was the reason for the percolation test failure: soil types, the discharge waters, or both? I look forward to your input on this matter. Thanks again. Very truly yours, 1� r Geral S. Sack GSS/kap cc: Richard Rittenband, Esq. Mr. William O'Connor _ M_t3aK4•�L 9, RESIDENTIAL PROPERTY I � SIDE CARD STREET MA SUMMARY P PARCEL.jDEV. LOT� CODE Niederwerfer �� _ c uU/ AMOUNT NO, MAILING ADDRESS I A i'llb�.fQ.,l E: y.P C . 'Sa I, LOT ( cv5 6 k � t/, L..0 A*�(1 — 98ov T 138 8 1570R012 ACRES (-e>8 Savo 12 RECORD OF TRANSFER DWLG. 3 DATE VOL. PG SALES PRICE REMARKS: �� �l OUTBLDG. 4 Miller, Edmund E 10-26-34 32 420 — .Peva �f rz - CONDO s Miller, Edmund E. Estate 1-15-91 -600 2�7 per_ - �w� G���oe� TOTAL J S/QO MILLER, Kenneth E. 12-11-91 622 136 CODist _ LOT T -- ----. _ I ACRES 12 --4- DWLG. 3 3 OUTBLOG. 4 CONDO 5 TOTAL — _ LOT T -- ACRES 2 DWLG. 3 --- OUTBLDG. 4 (CONDO S LOT DIMENSIONS: INTERIOR INSPECTED: TOTAL DATE: LOT I ACREAGE COMPUTATIONS yl00 ACRES 2p �R„G I DWLG. 13 LAND TYPE N OF ACRES PRICE TOTAL ADJ. VALUE A ASSESSMENT OUTBLDG. J FACT. _ -- BLDG LOT =6 o �OOO --_ CONDO 4 FRONT .— _r_LBi �o —&o (oo — � ' —Z------ ---- SJ�d(J TOTAL REAR 4-- -- LOT -- ACRES 2 WASTE — DWLG. 3 OUTBLDG. 4 TOTAL - -- "---- rn CONDO S SITE INFORMATION RENTAL INFORMATION I TOTAL ZONE /;'f' WATER UNIT -- 1 2 3 4 by Date LOT I HILLY SEWER MONTHLY RENT Meas ACRES 2 ROUGH WELL (INCLUDES) 7--- — Llst DWLG. 3 HIGH SEPTIC WATER Rice OUTBLDG. LOW COMM.WELL HEAT Review CONDO 5 ELEC SWAMPY GAS . LEVEL GAS TOTAL SOUTH WINDSOR.CONNECTICUT 'PROJECT NAME/LOCATION mlllev APPLICATION # DATE ,3A f Igo NOTE TO THE FIM: Re: CAE/ Awe^ �ob /)?0H►firt kt0 /�J r- �u h vim-t v�.o G����G�Y hP : d �^ ➢'"�--e lf66 /Ei- 70-t.,I G&C4tl� 0`V k d 94' Ae CDA,&W e4-oVk wE / k4-0 4,vz ike ACe JIF 31fi2 � .e ►�- 9�r� �% /lily. �I�h Signature 1�AN 3C�C AN� � /-(�►'llff2 ��t�'�:LZJZ LUGi'Z �b 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 Solt-col—:�, AREA CODE 203/644-2511 Fax. # - 203-644-3781 FACSIMILE MESSAGE TRANSMITTAL FORM A, Date: PLEASE DELIVER THE FOLLOWING PAGES TO : • r NAME: A . �fZ 'y1? 1Jeeu( c lQlM ADDRESS : �1/�q� / , Wl•lh.IreQ ¢ 14JCCc FAX. # : -q 9 � MESSAGE FROM:. NAME: ADDRESS : MESSAGE Pie (r 7v / -t`" CSC.- ,f—e corres-inl-nlctleALI o-n &4napiJ MA� LmY4�- ' NUMBER OF PAGES TO FOLLOW: 51 LAW OFFICES BRADY, WILLARD &ALEXANDER 303 BURNSIDE AVENUE EAST HARTFORD,CONNECTICUT 06108 TELECOPIER GERALD W.BRADY 1203I 289-5477 r203i 291-9282 RICHARD C.WILLARD RALPH I.ALEXANDER MICHAEL E.WOLF November 28, 1988 Michael Gantick, Director South Windsor Public Works Department 1540 Sullivan Avenue South h,lindsor, CT 06074 RE: Easement Over Property of Edmund Miller 65 Barber Hill Road, Broad Brook, CT 4 Dear Mike: Please find enclosed herewith a copy of Attorney Hourihan's letter of November 22, 1988 with regard to the above-entitled matter. Please give this matter your immediate attention and contact me after you have had a chance to review the contents of the letter. Very truly yours, CN�J Ralph J. Alexander RJA/asb Enclosure MW NOV 2 9 1988 Tooy of 6a v aS._ 1`J O lV - • lU HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET R O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JAMES E.HEFFERNAN.JR JOSEPH A.HOURIHAN (1950 TO 1976) VINCENT E.ROCHE November 22 , 1988 TELEPHONE 521-5390 LESLIE S.SHEPPARD SUSAN A.NAWROCKI Ralph J. Alexander, Esq. Brady, Willard & Alexander 303 Burnside Avenue East Hartford, CT 06108 Re: Easement Over Property of Edmund Miller 65 Barber Hill Road, Broad Brook, CT Dear Ralph: We have discussed your letter of October 21st and its enclosures with our client. Needless to say, our client is not very thrilled with the proposal which was enclosed therein. In particular, we note that what is proposed in that letter is only an estimated time schedule. Even with that estimated time schedule, it appears that the town will be illegally using our client' s property for at least another year and continuing to add the unnatural accumulation of water on his property. Such a continual drainage into our clients property has a deleterious effect upon our clients property. The town does not appear to be willing to recognize the seriousness of this problem. As an alternative, our client would be willing to sell the entire parcel to the town of South Windsor for $160 ,000 . 00 which would represent what he would feel would be a fair market value for this parcel as to two building lots. If the town has any interest in that proposal, please get back to us by January 1 , 1989 . Otherwise, we feel that our client' s property has been constructively taken by the town via a constructive condemnation_, and we will have no alternative but to commence suit in January to protect our clients legal rights. Very truly yours, Heffernan and Heffernan Joseph A. Hourihan JAH-eo r ► � F, l s �fn■Qt� AO t® � KIMM ■ _ MEN MORE, ■���� 0 ME n �It■� In KMl lMM�_m=_ MI ' 100 ■10 MIKE MINEI �ltnt■■■SIN �■f�[■n■t■■I■■t ��� MEN ■nt■l�in■Q"SEE ■«�■■ «<■ S 0)0 l - G Yap �C� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �NpSaR CO AREA CODE 203/644-2511 September 30 , 1988 Ralph Alexander Esquire Town Attorney 303 Burnside Avenue East Hartford, CT 06108 Dear Ralph: RE : EASEMENT OVER PROPERTY OF EDMUND MILLER NIEDERWERFER ROAD Pursuant too our previous conversations, we have been pursuing two alternatives regarding Mr . Miller ' s drainage concern. The alternative which would appear to be the most viable, would be to extend the drainage piping from its present outlet northerly along Niederwerfer Road approximately 700 feet to what appears to be an existing R.O.W. . Preliminary engineering/field work has begun. The scope of this project is such that it will require funding consideration next fiscal year . Therefore, the following is the schedule, I feel , this project would fit: 1 . Field Survey October 1988 2 . Engineering Design November-December 1988 3 . Application IWA/CC January 1989 4 . Submit Cost for Budget February 1989 5 . Bid Project June 1989 6 . Open Bids July 1989 7 . Start Construction August 1989 8 . Complete Construction October 1989 Should you have any questions regarding this matter, please contact me. Very truly yours, Michael J. antick Director of Public Works MJG:bmr cc: Project File LAW OFFICES BRADY, MLLARD&ALEXANDER 303 BURNSIDE AVENUE GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108 RICHARD C.WILLARD (203)289-3477 RALPH J.ALEXANDER MICHAEL E.WOLF September 7, 1988 Joseph A. Hourihan, Esquire Heffernan and Heffernan 15 North Main Street P.O. Box 85 West Hartford, Connecticut 06107 Re: Easement over property of Mr. Edmund Miller Dear Joe: Pursuant to our recent telephone conversation I am requesting a thirty (30) day extension in reference to your September 1, 1988 deadline. Presently the Town is exploring a number of options with abutting property owners that may well affect a resolution to the situation which is acceptable to all parties concerned. The Town will need the next thirty days in order to examine the options available to it. I will keep your posted as to the Town's progress on this matter and the course of action it ultimately selects. Ve trul s, Ralph J Alexander RJA/dr cc: Town of South Windsor _ Michael Gannick Director of Public Works 3 Ir �c�VEO ToNn d Sa Wlndsa ti �mic 0 T s HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P.0.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JAMES E.HEFFERNAN.JR. JOSEPH A.HOURIHAN (1950 TO 1976) VINCENT E.ROCHE TELEPHONE 521.5390 LESLIE S.SHEPPARD August 8, 1988 Mr. Richard J. Sartor Town Manager Town of South Windsor 1540 Sullivan Avenue S. Windsor, CT 06074 Dear Mr. Sartor: As we have previously indicated to you, our office represents Mr. Edmund Miller. Please be advised that effective September 1, 1988 our client does hereby revoke license previously granted to the town of South Windsor to discharge water over his property as more fully set forth in letter from Town Attorney Edwin Lassman dated Feb. 25, 1960 a copy of which is attached hereto. Very truly yours, HEFFERNAN AND HEFFERNAN JOSEPH A. HOURIHAN JAH -eo cc: Mr. Ralph Alexander - Corporation Counsel Edmund Miller N% VINA �0 LAW OFFICES BRADY, WILLARD &ALEXANDER 303 BURNSIDE AVENUE EAST HARTFORD,CONNECTICUT 06108 GERALD W.BRADY (203)289-5477 RICHARD C.WILLARD RALPH J.ALEXANDER MICHAEL E.WOLF July 8, 1988 Michael Gantick, Director Public Works Department Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Edmund E. Miller 65 Barber Hill Road, Broad Brook, CT n F Dear Mike: Please find enclosed herewith a copy of Attorney Joseph A. Hourihan's letter of June 29, 1988 for your review regarding the above matter. Please contact me upon review to discuss a resolution. Very truly yours, f , Ralph J. A' exander RJA/asb Enclosure Al I� Cava s g J U L 0 1 i988 HEFFERNAN AND HEFFERNAN ATTORNEYS AT LAW 15 NORTH MAIN STREET P.O.BOX 85 WEST HARTFORD.CONNECTICUT 06107 RICHARD P.HEFFERNAN JAMES E.HEFFERNAN.JF JOSEPH A.HOURIHAN (1950 TO 1976) VINCENT E.ROCHE TELEPHONE 521-5390 LESLIE S.SHEPPARD June 29, 1988 Attorney Ralph Alexander 303 Burnside Avenue East Hartford, CT Dear Ralph: We have not heard from you in some time from you regarding the present controversy between the town of South Windsor and our client Edmund E. Miller. We realize that you have had some personal problems that have been taking a good deal of your time. The undersigned will be on vacation until July 8. We would like to move this matter forward and would ask that you contact the undersigned some point after July 8 to discuss how we may proceed. �w Very truly yours , HEFFERNAN AND HEFFERNAN BY: Joseph A. Hourihan cc : Kenny Miller JAH/eo EDWIN A. LASSMAN ATTORNEY AT LAW 37 LEWIS STREET HARTFORD 3. CONNECTICUT JACKsoN 2-0283 rebruary 25, 1960 - Mr. Eck-:ursd E. Ni L3 ler Niederweifer Road South .Windsor,.. Connecticut Dear Mr. Miller. Tease be"advised that in consideration of your permis- sion to allow .the discharge of storm water from a drain running along the west side of Niederweifer Road, across Niederweifer Road through a the to the east side at a point opposite your r T fi h Windsor will make no claim for. a permanent 1-and., the cwva of „OuL. water i 3on yo"!?i land 3t said 5p©n.. } S -... :.l�.a..`i.-�-....mil. .t - � ._ ., J•. ... ��..L.Te aa:.. _ .-a"� f _ .... "-Or t erry by lard now or forne�_y of Reuben Szc�::rer Easterly by land now or formerly of J. Be-moat Southerly by lard now or formerly of B�ono ao i:he Westerly by Niederweifer Road. Very �,�ly yours, Lassma mo;ti t o - FKAL:lc