Mr. O'Neil has been engaged on numerous assignments with the potential for litigation and has appeared as a witness providing expert testimony on real estate value in several Connecticut Superior Court jurisdictions. Mr. O'Neil has appeared as witness on some occasions for the municipality whose acquisition price or tax assessment is being challenged and on other occassions for the property owner who believes he was over assessed or under compensated in an eminent domain situation.
400 Long Beach Blvd. LLP vs. Town of Stratford. Tax Assessment Appeal. Client Stratford Land Development Corp. Atty. Sam Bernstein, Bernstein and Zone, Stamford. This case went to trial in New Britain and the court found in favor of the property owner. Key considerations in this case were the analysis of property income and the overall cap rate. Below is link to this case decision.
http://www.jud.ct.gov/external/super/Tax/Decisions/CV-01-0382971S.pdf
Walgreens vs. City of Bridgeport. Tax Assessment Appeal. Client Walgreens. Atty. Geoff Millson, Adler, Pollack & Sheehan , Providence. This case settled with the assessment reduced by more than $3,000,000. Key factors in this case were market rent and cap rate.
Walgreens vs. City of Torrington. Tax Assessment Appeal. Client Walgreens. Atty. Elliott Pollack, Pullman & Comley, Hartford. This case went to trial in Litchfield and the court found in favor of the property owner. Key consideration in this case was distinction between real estate and business components of value.
Walgreens vs. Town of Newington. Tax Assessment Appeal. Client Walgreens. Atty. Elliott Pollack, Pullman & Comley, Hartford. This case setteled with a reduced assessment.
Walgreens vs. Town of Southbury. Tax Assessment Appeal. Client Walgreens. Atty. Elliott Pollack, Pullman & Comley, Hartford. This case settled with a reduced assessment.
Middlebury Greenway Town Acquisitions. Mr. O'Neil conducted 25 partial take appraisals along the route of Middlebury's hike and bike trail over a former trolley bed. Client was the Town of Middlebury. Atty. Robert Smith of Smith & Smith, Middlebury. Most acquisitions were negotiated. One case went to trial in Waterbury and the judge ruled in favor of the Town at the value estimated by Mr. O'Neil. Highest and best use analysis was the key factor in this case.
Middlebury Road Widening, Watertown CT. A rural road widening and intersection improvement project required a partial take of an adjacent homeowner's property. Client was the property owner. Atty. Bob Slavitt, Slavitt, Connery & Vardamis, Norwalk. This case went to trial in Milford and the court found in favor of the property owner. Key factor in this case was damages to the remainder property.
Candlewood Valley Country Club vs. Conn DOT. Eminent Domain Taking Appeal. The client was Candlewood Valley Country Club. Attys Bob Morin and Ben Snaider of the Law Offices of Benson Snaider. This case went to trial in Litchfield and the court found in favor of the property owner. Highest and best use analysis was the key factor in this case.
