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DiFRANCESCA &
STEELE, P.C.
811 BOSWELL AVENUE
NORWICH, CT 06360
FAX (860) 889-7156
SURES NO. 015369
RETURN DATE: MAY 16, 2017 : SUPERIOR COURT
EDWARD D. COSDEN, JR. and
THERESA A. COSDEN : J.D. OF NEW LONDON
VS. : AT NEW LONDON
TOWN OF GROTON APRIL 11, 2017
COMPLAINT
To the Superior Court in and for the Judicial District of New London at New London on
May 16, 2017 comes Edward D. Cosden, Jr. and Theresa A. Cosden, of 18 Canaan Close, New
Caanan, Connecticut, appealing from the action of the TOWN OF GROTON by and through its
Board of Assessment Appeals (hereinafter referred to as “the board”), and they complain and
say:
FIRST COUNT: APPLICATION FOR RELIEF PURSUANT TO C.G.S, SECTION
12-119.
1. On October 1, 2016 (the “Assessment Date”) and at all relevant times
hereinafter, the plaintiffs, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN, were
the owner of certain property in the town of Groton known as 26 Chesbro Avenue (hereinafter
referred to as “the premises”), which property is also identified by the Town of Groton as
Parcel ID 260708982931.
2. The assessor of the town of Groton valued the premises on the Assessment Date
for a total gross assessment of $1,235,080 (and a corresponding appraised value of $1,764,400).DIERANCESCA &
STEELE, P.C.
811 BOSWELL AVE.
NORWICH, CT 06360
JURIS NO. 015363
3, The assessor determined that all property should be liable for taxation at 70 % of
its true and actual valuation on that assessment date.
4. The tax laid on this property was computed on an assessment which was
manifestly excessive and could not have been arrived at except by disregarding the provisions
of the statutes for determining the valuation of said property.
SECOND COUNT: APPEAL PURSUANT TO C.G.S. SECTION 12-117a.
1. On October 1, 2016 (the “Assessment Date”) and at all relevant times, the
plaintiffs, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN, were the owners of
certain property located in the town of Groton known as 26 Chesbro Avenue (hereinafter
referred to as “the premises”), which property is also identified by the Town of Groton as
Parcel ID 260708982931,
2. The assessor of the town of Groton valued the premises on the Assessment
Date as follows: Fair Market Value Assessed Value
$1,764,400 $1,235,080
3. The assessor determined that all properties should be fiable for taxation at 70 %
of their true and actual valuation on the Assessment Date.DIFRANCESCA &
STEELE, P.C.
‘811 BOSWELL AVE
NORWICH, CT 06360
FAX (860) 889-7156
JURIS NO. 015363
4. The valuation of the premises placed thereon by the assessor was not 70% of its
true and actual value on the Assessment Date, but was grossly excessive, disproportionate and
unlawful.
5. Within the time permitted by law, the plaintiffs, by and through their attorneys,
duly made appeal to the Board of Assessment Appeals of the Town of Groton, claiming to be
aggrieved by the action of the assessor and offered to be sworn and answer all questions
concerning the property.
6. The Board made no change in the valuation after the hearing. The decision by
the Board was rendered on March 29, 2017. Notice of the Decision of the Groton Board of
Assessment Appeals was mailed on or about March 30, 2017.
7. The Plaintiffs are aggrieved by the action of the Board of Assessment Appeals
of the Town of Groton.DIFRANCESCA &
STEELE, P.C.
811 BOSWELL AVE,
NORWICH, CT 06360
(860) 889-3871
FAX (860) 889-7156
JURIS NO. 015363
WHEREFORE, the plaintiffs appeal from the action and ruling of the board of assessment
appeals and pray that:
1 That the valuation of the Plaintiffs’ premises as of October 1, 2016 be reduced
for the Grand List of October 1, 2016 and any and all subsequent Grand Lists
while this matter is pending, to its truc and actual value;
2, That any excess tax they have paid over and above those justly due be returned
to the plaintiffs;
3. Interest on said overpayment pursuant Connecticut General Statutes Sections
12-117a and 37-3a;
4, Costs pursuant to Connecticut General Statutes Sections 12-117a, 52-257 and
52-260 (f); and
5. Such other and further relief as justice and equity require.
THE PLAINTIFFS, EDWARD D. COSDEN, JR.
AND THERESA A. COSDEN
Dunnsa——
By. /s/ Beth A. Steele
Beth A. Steele
DiFrancesca & Steele, P.C.
P.O. Box 548, Norwich, CT 06360
(860) 889-3871 Juris No. 409864Carri DATE: MAY 16, 2017 : SUPERIOR COURT
EDWARD D. COSDEN, JR. and
THERESA A. COSDEN : J.D, OF NEW LONDON
VS. : AT NEW LONDON
TOWN OF GROTON : APRIL 11, 2017
STATEMENT OF AMOUNT IN DEMAND
The Statement of Amount in Demand exceeds Fifteen Thousand Dollars, exclusive of
fees, costs and interest, and claims relief in lieu of money damages.
THE PLAINTIFFS, EDWARD D. COSDEN, JR.
AND THERESA A. COSDEN
By _/s/Beth A. Stecle MIM
Beth A. Steele
DiFrancesca & Steele, P.C.
P.O, Box 548, Norwich, CT 06360
(860) 889-3871 Juris No. 409864
DIFRANCESCA &
STEELE, P.C.
81L BOSWELL AVE.
NORWICH, CT 06360
JURIS NO. 015363DIFRANCESCA &
STEELE, P.C,
811 BOSWELL AVE.
‘NORWICH, CT 06360
FAX (860) 889-7156
JURIS NO. 015363
CITATION AND RECOGNIZANCE
To Any Proper Officer:
By authority of the State of Connecticut you are hereby commanded to summon the
TOWN OF GROTON to appear before the Superior Court in and for the Judicial District of New
London at New London on May 16, 2017 and then and there to answer unto the foregoing
complaint of Edward D. Cosden, Jr. and Theresa A. Cosden, of 18 Canaan Close, New Caanan,
Connecticut.
Michelle A. Grillo, of 811 Boswell Avenue, Norwich, Connecticut as principal and
Patricia Shoquist, of 811 Boswell Avenue, Norwich, Connecticut, as surety are hereby
recognized as jointly and severally bound unto said TOWN OF GROTON in the sum of $250,00
conditioned that the Plaintiffs shall prosecute their application to effect and comply with and
conform to the orders and decrees of the court in the premises.
Hereof fail not, but due service make in the same manner as is required in case of a
summons in a civil action and due return make.
Dated at Norwich, Connecticut this u day of April, 2017.
lbh Disrserd Sbaquart DUAN
ichefle A. Grillo atricia Shoquist Commissioner - Superior Court
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DiFRANCESCA & STEELE, P.C. 811 BOSWELL AVENUE NORWICH, CT 06360 FAX (860) 889-7156 SURES NO. 015369 RETURN DATE: MAY 16, 2017 : SUPERIOR COURT EDWARD D. COSDEN, JR. and THERESA A. COSDEN : J.D. OF NEW LONDON VS. : AT NEW LONDON TOWN OF GROTON APRIL 11, 2017 COMPLAINT To the Superior Court in and for the Judicial District of New London at New London on May 16, 2017 comes Edward D. Cosden, Jr. and Theresa A. Cosden, of 18 Canaan Close, New Caanan, Connecticut, appealing from the action of the TOWN OF GROTON by and through its Board of Assessment Appeals (hereinafter referred to as “the board”), and they complain and say: FIRST COUNT: APPLICATION FOR RELIEF PURSUANT TO C.G.S, SECTION 12-119. 1. On October 1, 2016 (the “Assessment Date”) and at all relevant times hereinafter, the plaintiffs, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN, were the owner of certain property in the town of Groton known as 26 Chesbro Avenue (hereinafter referred to as “the premises”), which property is also identified by the Town of Groton as Parcel ID 260708982931. 2. The assessor of the town of Groton valued the premises on the Assessment Date for a total gross assessment of $1,235,080 (and a corresponding appraised value of $1,764,400).DIERANCESCA & STEELE, P.C. 811 BOSWELL AVE. NORWICH, CT 06360 JURIS NO. 015363 3, The assessor determined that all property should be liable for taxation at 70 % of its true and actual valuation on that assessment date. 4. The tax laid on this property was computed on an assessment which was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of said property. SECOND COUNT: APPEAL PURSUANT TO C.G.S. SECTION 12-117a. 1. On October 1, 2016 (the “Assessment Date”) and at all relevant times, the plaintiffs, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN, were the owners of certain property located in the town of Groton known as 26 Chesbro Avenue (hereinafter referred to as “the premises”), which property is also identified by the Town of Groton as Parcel ID 260708982931, 2. The assessor of the town of Groton valued the premises on the Assessment Date as follows: Fair Market Value Assessed Value $1,764,400 $1,235,080 3. The assessor determined that all properties should be fiable for taxation at 70 % of their true and actual valuation on the Assessment Date.DIFRANCESCA & STEELE, P.C. ‘811 BOSWELL AVE NORWICH, CT 06360 FAX (860) 889-7156 JURIS NO. 015363 4. The valuation of the premises placed thereon by the assessor was not 70% of its true and actual value on the Assessment Date, but was grossly excessive, disproportionate and unlawful. 5. Within the time permitted by law, the plaintiffs, by and through their attorneys, duly made appeal to the Board of Assessment Appeals of the Town of Groton, claiming to be aggrieved by the action of the assessor and offered to be sworn and answer all questions concerning the property. 6. The Board made no change in the valuation after the hearing. The decision by the Board was rendered on March 29, 2017. Notice of the Decision of the Groton Board of Assessment Appeals was mailed on or about March 30, 2017. 7. The Plaintiffs are aggrieved by the action of the Board of Assessment Appeals of the Town of Groton.DIFRANCESCA & STEELE, P.C. 811 BOSWELL AVE, NORWICH, CT 06360 (860) 889-3871 FAX (860) 889-7156 JURIS NO. 015363 WHEREFORE, the plaintiffs appeal from the action and ruling of the board of assessment appeals and pray that: 1 That the valuation of the Plaintiffs’ premises as of October 1, 2016 be reduced for the Grand List of October 1, 2016 and any and all subsequent Grand Lists while this matter is pending, to its truc and actual value; 2, That any excess tax they have paid over and above those justly due be returned to the plaintiffs; 3. Interest on said overpayment pursuant Connecticut General Statutes Sections 12-117a and 37-3a; 4, Costs pursuant to Connecticut General Statutes Sections 12-117a, 52-257 and 52-260 (f); and 5. Such other and further relief as justice and equity require. THE PLAINTIFFS, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN Dunnsa—— By. /s/ Beth A. Steele Beth A. Steele DiFrancesca & Steele, P.C. P.O. Box 548, Norwich, CT 06360 (860) 889-3871 Juris No. 409864Carri DATE: MAY 16, 2017 : SUPERIOR COURT EDWARD D. COSDEN, JR. and THERESA A. COSDEN : J.D, OF NEW LONDON VS. : AT NEW LONDON TOWN OF GROTON : APRIL 11, 2017 STATEMENT OF AMOUNT IN DEMAND The Statement of Amount in Demand exceeds Fifteen Thousand Dollars, exclusive of fees, costs and interest, and claims relief in lieu of money damages. THE PLAINTIFFS, EDWARD D. COSDEN, JR. AND THERESA A. COSDEN By _/s/Beth A. Stecle MIM Beth A. Steele DiFrancesca & Steele, P.C. P.O, Box 548, Norwich, CT 06360 (860) 889-3871 Juris No. 409864 DIFRANCESCA & STEELE, P.C. 81L BOSWELL AVE. NORWICH, CT 06360 JURIS NO. 015363DIFRANCESCA & STEELE, P.C, 811 BOSWELL AVE. ‘NORWICH, CT 06360 FAX (860) 889-7156 JURIS NO. 015363 CITATION AND RECOGNIZANCE To Any Proper Officer: By authority of the State of Connecticut you are hereby commanded to summon the TOWN OF GROTON to appear before the Superior Court in and for the Judicial District of New London at New London on May 16, 2017 and then and there to answer unto the foregoing complaint of Edward D. Cosden, Jr. and Theresa A. Cosden, of 18 Canaan Close, New Caanan, Connecticut. Michelle A. Grillo, of 811 Boswell Avenue, Norwich, Connecticut as principal and Patricia Shoquist, of 811 Boswell Avenue, Norwich, Connecticut, as surety are hereby recognized as jointly and severally bound unto said TOWN OF GROTON in the sum of $250,00 conditioned that the Plaintiffs shall prosecute their application to effect and comply with and conform to the orders and decrees of the court in the premises. Hereof fail not, but due service make in the same manner as is required in case of a summons in a civil action and due return make. Dated at Norwich, Connecticut this u day of April, 2017. lbh Disrserd Sbaquart DUAN ichefle A. Grillo atricia Shoquist Commissioner - Superior Court