A lawsuit filed against the town last year by the owner of an 8,700-square-foot commercial building on Elm Street is headed toward trial, court documents show.
A remote pretrial conference is scheduled for Dec. 3 in the matter of the property owner’s appeal of the town’s decision to preserve its assessment of 111 Elm St. In an October 2018 revaluation, the town assessed the two-story structure at $3,063,480, a figure that is “grossly excessive, disproportionate and unlawful,” according to a lawsuit filed April 18, 2019 by attorneys Gary Klein and Liam Burke of Stamford-based Carmody Torrance Sandak & Hennessey LLP.
The property owner, a Bristol-based limited liability company whose principal lives in Palm Beach, Fla., sought relief from the New Canaan Board of Assessment Appeals but that appointed body made no changes, “thereby denying the relief the Applicant requested,” according to the complaint.
“The applicant is aggrieved by the decision,” it said.
The property owners is seeking a reduction and to be reimbursed for any tax overpayment with interest, according to the suit.
The town denied the property owner’s claim in a formal answer filed May 15, 2019.
Most recently, state Superior Court Judge Daniel Klau on Sept. 21 granted request to extend by 30 days the time the town has to produce documents requested by the plaintiff.
The town is represented by Berchem & Moses. Taxpayers foot an $8,500 monthly retainer and $235 hourly rate from the town lawyer’s firm, according to legal bills.
Since July 1, the town has paid $618.50 in lawyer fees on the matter, according to a $23,916.30 legal bill approved Oct. 20 by the Board of Selectmen.
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