FOR IMMEDIATE RELEASE - SEPTEMBER 28, 2012 JUDGMENT IN EUREKA V, LLC v. THE TOWN OF RIDGEFIELD
RIDGEFIELD, CT, OCTOBER 2, 2012-- I am pleased that on September 28, 2012, Judge Fitzsimmons entered judgment as the Town requested and, in doing so, rejected Eureka’s attempt to assert new allegations against our Town and Town officials. Judge Fitzsimmons ruled that Eureka’s proposed new allegations were futile, unduly delayed, made in bad faith, and were unduly prejudicial to the Town. In addition, Judge Fitzsimmons rejected Eureka’s contention that withdrawal of the Project Plan as to Eureka’s property was an act of bad faith, and rejected Eureka’s allegations about the Town’s moratorium on affordable housing as speculative.
Judge Fitzsimmons specifically ruled that judgment entered “with no finding or concession of liability but rather is based on Defendants’ consent.”
The judgment, which the Town formally proposed should be entered, precludes the Town from pursuing the Project Plan that the Town has no intention to pursue, and provides that the Town will not seek to take Eureka’s property by eminent domain for ten years from the entry of judgment. This judgment puts an end to years of litigation, subject to Eureka’s right to appeal to the Second Circuit. Copies of the 33-page ruling are available in the Office of the First Selectman.