Berchem Moses

Elm Street Commercial Property Owner’s Lawsuit Against Town Headed To Trial

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A lawsuit filed by the owner of an Elm Street commercial property claiming the town overestimated its value in a recent tax assessment is slated to go to trial this summer. The town in January denied claims made on behalf of the owner of 61 Elm St. that an October 2018 evaluation—later upheld by the Board of Assessment Appeals—was “grossly excessive, disproportionate and unlawful.”

According to tax records, the two-story building at the intersection of South Avenue has 14,438 total square feet of finished space, and sits on .18 acres. It was assessed at $3,595,970, according to as substitute appeal filed last September in state Superior Court. 

The Board of Assessment Appeals denied the plaintiff’s appeal, according to a complaint filed by attorney Frank Murphy of Norwalk-based Tierney, Zullo, Flaherty & Murphy PC. 

The matter is scheduled to go to trial in July, according to Connecticut Judicial Branch records. The town in a March 2 legal filing said it would use Bridgeport-based real estate appraiser Peter Vimini as an expert witness. 

“The expert opinions to which Mr. Vimini is expected to testify will be contained in his written appraisal report as of October 1, 2018, which he has not yet completed but which will be disclosed to the plaintiff prior to trail pursuant to the court’s deadline for the mutual exchange of appraisals,” Coppola said in the disclosure.