FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
James Greene,
Patrick Crehan and Richard Fricke,
Complainants
against Docket #FIC 89-132
State of
Connecticut Office of the Attorney General,
Respondent January 24, 1990
The above-captioned matter was
scheduled for hearing on September 15, 1989, at which time the complainants and
the respondent appeared and presented exhibits, testimony, and argument on the
complaint.
The parties agreed that the caption
of the case should be corrected to show that James Greene, Patrick Crehan, and
Richard Fricke are the complainants herein.
After consideration of the entire
record, the following facts are found:
1. The
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By
letter of complaint dated April 5, 1989, the complainants alleged that the
respondent failed to provide them with the copy of an appraisal which served as
the basis for the condemnation of approximately fifty-three acres owned by them
in Danbury and Ridgefield.
3. The
respondent claims that it is not required to provide the appraisal report
because the report is exempt from disclosure pursuant to 1-19(b)(7), G.S.
4. The
complainants maintain that since acquisition of the land is complete
1-19(b)(7), G.S., does not exempt the appraisal from disclosure.
5. It
is found that, although acquisition of the complainants' land by the state is
complete, the owners of the land have appealed the assessment of damages to
Superior Court pursuant to 13a-76, G.S.
Docket #FIC
89-132
page two
6. It
is found that 432 of the Connecticut Practice Book governs the timing for
the exchange of appraisals for the parties to an eminent domain proceeding.
7. It
is concluded that the exception to disclosure for appraisals at
1-19(b)(7), G.S., protects the requested appraisal from disclosure because
disclosure pursuant to this provision would affect the law of eminent domain.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The
complaint is hereby dismissed.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 24, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-132
page three
PURSUANT TO
SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST
RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF
THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO
THIS CONTESTED CASE ARE:
JAMES GREENE,
PATRICK CREHAN AND RICHARD FRICKE
c/o Timothy S.
Hollister, Esq.
Pepe &
Hazard
One Corporate
Center
Hartford, CT
06130
STATE OF
CONNECTICUT, OFFICE OF THE ATTORNEY GENERAL
c/o Michael J.
Lombardo, Assistant Attorney General
55 Elm Street
Hartford, CT
06106
Tina C.
Frappier
Acting Clerk
of the Commission