Norwich, Thayer's Marine agree to
settle eminent domain case
By Claire Bessette Publication: The Day
Published
11/23/2011 12:00 AM
Norwich
- The city has reached a proposed $164,000 settlement agreement with the owners
of Thayer's Marine & RV over the company's claims that construction of the
$22 million regional transportation center has hurt the business, which is
adjacent to the future center.
The
City Council voted 6-0 Monday night to approve $150,000 for the settlement.
Mayor
Peter Nystrom said Tuesday the transportation center
insurance will cover the remaining $14,000 of the proposed settlement.
The
settlement agreement next must be approved by the New London Superior Court judge who is hearing
Thayer's civil suit against the city. Richard Thayer Sr. said Tuesday he has
not received notification from city officials that the council has approved the
settlement.
Thayer
challenged the city's eminent domain taking of a portion of Falls Avenue in
front of Thayer's boatyard and showroom for the project. The transportation
center is being constructed over the road, forming a tunnel in front of the
marine business.
Despite
his approval of the settlement, Thayer remains bitter about the transportation
center, its effect on his business and what he called lack of support from city
officials for his longstanding downtown business.
He
hopes to build a new boat showroom in Preston.
In October, Thayer Family Enterprises LLC purchased a 6.7-acre parcel on Route
2 in Preston for $210,000 to move the retail
showroom there. Thayer had attempted a similar move to a parcel on Route 164 a
year ago but was denied a necessary zone change for that piece.
The
proposed legal settlement with Norwich covers Thayer's pending claims over the
road taking, any visibility obstruction to the business, dust and dirt damage
to boats, access problems caused by the tunnel - including height issues for
boats on trailers that won't fit - economic damages and "quality of life"
issues.
The
Thayers have agreed to release all claims involving
the transportation center and acknowledge that even with the discontinuing of
Falls Avenue as a public street, the city has maintained Thayer's right-of-way
along the road to enter his business.
The
settlement, however, would not cover a separate personal injury claim by the
estate of Thayer's wife, Mary Anna Thayer, who allegedly was injured in a fall
in the construction area on July 13, 2009. Thayer said that claim is still
active.
c.bessette@theday.com