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$12.4 Million Judgment in Civil Rights Case

New England Estates v. Town of Branford

Lead trial counsel winning a $12.4 million jury verdict (plus attorney’s fees) in suit brought for developers against the Town of Branford, Connecticut. New England Estates v. Town of Branford (Complex Litigation Docket, Waterbury, September 2007). Proved that the Town’s taking of their interest in an option contract to buy a 77 acre parcel the land, for development of housing and a 9-hole golf course, resulted in a loss of over $1 million invested and lost profits in excess of $11 million. Attorney Bergenn's trial presentation included the use of digitized documents, maps, depositions, aerial photos, and damages analysis, using presentations by the client developer’s Licensed Environmental Professional and Site Plan Engineer, a developer himself, and an independent Forensic Accountant as well as adverse witness examinations of each of the relevant elected Town officials, the Town Attorney, the Town Engineer, the Town Planner, the Town Recreation Director, and the Town’s Licensed Environmental Professional. The jury credited the Developers and their witnesses over the testimony of the elected officials and their professionals.

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