Little Pink House_ A True Story of Defiance and Courage - Jeff Benedict [114]
In addition, Londregan pointed out that the NLDC had spent $73 million in state money to upgrade the roads, sewers, streetlights, and underground utilities in and around the Fort Trumbull area—all of which resulted in public benefits. He urged the judge to focus narrowly on the development plan. “When the court focuses in on the plan,” Londregan said, “and the decision that was made by the legislative body, I’m confident that this court will find that it was reasonably necessary to take the plaintiffs’ property. Thank you.”
Bullock called Matt Dery to testify first, getting him to explain that his ancestors had come from Italy and had purchased their first home on Walbach Street in 1901. Bullock displayed a photograph of the house.
“Is that still standing?” Bullock asked.
“Yes, it is.”
“Is it one of the properties that the city and municipal-development plan seeks from eminent domain in this case?”
“Yes, it is.”
“Who lives in this house right now?”
“My parents live there.”
“How long has your father lived in that house?”
“He has lived there since he married my mother, fifty-six years.”
“And how old is your father now?”
“He’ll be eighty-two next month.”
“And how long has your mother lived in the house on Walbach Street?”
“She was born in that house in 1918. She lives there currently. And she’s never lived anywhere else. That’s eighty-three years.”
“Your mother has never lived anywhere else?”
“Never. It’s her only home.”
Dery lived next door to his parents. Bullock asked how he and his parents had learned that the NLDC wanted their homes.
First, Dery said, a real-estate agent approached. When the Dery family declined the offer, the agent said the properties would be taken by eminent domain. Eventually, a sheriff showed up at the door and served them with condemnation papers.
With the judge’s permission, Bullock handed Dery a document. “Who is that letter from?”
“David M. Goebel,” said Dery, indicating it was a notice telling the Derys to vacate their homes.
“And what, if anything, else does NLDC tell you in that letter?”
“It informs us that we are to make occupancy payments in the amount of $450 per month for the remainder of our stay in the property.”
Bullock asked Dery if his parents had a mortgage on their home.
“No. They’ve been mortgage-free since 1958.”
Winding down, Bullock asked Dery why he and his family didn’t want to leave the neighborhood, despite the fact that the NLDC had already demolished most of the old homes and buildings.
“It’s home to us,” he said. “It’s home to my parents and my family for a hundred years. Simply put, there is nowhere else I would rather be. My mother has lived there her entire life. She’s eighty-three years old. I know she wants to die in that house. I don’t think that’s asking too much.”
Londregan kept his cross-examination brief, focusing almost exclusively on the fact that the Dery buildings went right to the edge of the sidewalk and would be in the way if the city tried to widen the streets to accommodate the new development. Dery agreed but pointed out that the opposite side of the street had no buildings and offered plenty of room for road widening.
The judge thanked Dery for his testimony, and Susette took the stand.
“My name is Susette Kelo, K-e-l-o. I live at 8 East Street, New London, Connecticut,” she said.
Under questioning from Bullock, she told the court when she had bought the property and what she had done to improve it.
“Has anyone in the past four years tried to buy your property?”
“Yes, sir, they have.”
“Who is that?”
“It would be Suzanne Howard from U.S. Properties.”
“Did the subject of eminent domain ever come up during those discussions?”
“Yes. At the first meeting she told me my property would be taken by eminent domain if I didn’t sell to her.”
Recounting the incident made Susette angry. Suddenly her fears vanished.
“How did you learn that the eminent-domain lawsuit was filed against you?”
“The paperwork was taped to the door of my house when