Date: Fri 09-Feb-1996

Publication: Bee

Author: ANDREA

Quick Words:

library-Baumer-lawsuit

Full Text:

PAGE ONE: Court Denies Request For Library Restraining Order

B Y A NDREA Z IMMERMANN

After four hours of testimony ending on February 7, Judge Howard J. Moraghan

denied Edwin Baumer's request for a temporary restraining order which would

have halted the approved library expansion project until all of his lawsuits

relating to the matter were settled.

Mr Baumer and his wife, Jean, who live next door to the library, initiated two

lawsuits involving the 4.1 million dollar project last summer.

Randall Carreira, the attorney representing the plaintiffs, tried to sway the

judge by having Mr Baumer explain how the 22,000 sq ft library addition would

adversely affect his lifestyle, and by grilling project coordinators, and

library and town officials on how the project evolved.

Mr Baumer, 78, who sat by himself on one side of the courtroom, testified that

the addition would destroy his "environment, privacy, and property value...

[Activities at the library] tend to restrict use of my property because I

constantly seem to see people looking in the direction of my property," he

said. "This is intensifying as more people use [the library]."

Another issue that vexes Mr Baumer is "illegal parking all over Main Street."

And during the library's annual Labor Day book sale, Mr Baumer said people

"tresspass" on his property, approaching him to ask questions regarding the

architecture of his 1823 wood frame house.

Mr Carreira contends zoning regulations were changed to accommodate the design

of the library. In an attempt to prove his points, the attorney posed detailed

questions to library architect Bruce Tuthill, First Selectman Bob Cascella,

Library Director Janet Woycik, Borough Zoning Officer Jean St Jean, Vice

President of Library Board of Trustees Kathy Geckle.

The three defense attorneys called and cross-examined the witnesses to refute

this. Attorney Don Mitchell represented the Borough and the Borough Zoning

Commission and led the defense; Sutherland Denlinger and David Grogins both

represented the library trustees.

The team also tried to establish the increased cost that might occur if the

library project were delayed. Contractor Keith Crumb testified that

construction costs would probably increase five percent, or a total of

$150-$160,000, and administrative costs would be an additional $140-$200,000;

the architect gave the breakdown of his projected increased cost of $32,000

for a six-month delay and $44,000 for a 12-month delay; and the library

director explained building must begin by August 2 for them to meet the

requirements to receive the $350,000 state grant which was awarded for the

project.

Before offering his decision, Judge Moraghan said it may have been established

the plaintiff might suffer "irreparable annoyance, and irreparable

frustration" at expansion of the neighboring building, but there was "nothing

before the court" to show irreparable damage.

The term "irreparable" translates to mean "permanent." Construction of a

building, such as the library, is not "permanent" said the judge because if Mr

Baumer wins his pending appeals and the court so orders, the library would be

taken down "brick by brick, square foot by square foot."

Two points of law considered by the judge were "relative harm," and if there

was adequate remedy in law. "What we had today was an equitable remedy," said

Mr Mitchell, who felt the judge's determination was "the appropriate" result.

"If [Mr Baumer's] property is reduced in value, that is compensable in

dollars. If there's annoyance, if he is temporarily damaged during

construction - that is remedied through dollars. His 'remedies' are his

appeals...and money damages."

To prove "relative harm" the court has to find that the harm resulting to the

applicant from no injunction far outweighs the damage to the respondant to an

injunction, said Mr Mitchell. That is why there was testimony on increased

costs, he added.

"There is no basis for the injunction of a restraining order," the judge

decreed.

Hugs, handshakes, and a lot of smiles were shared by project coordinators and

library supporters. "I'm ecstatic - we go to work this time," said Mrs Woycik,

running through a list of possible areas to start construction. "We're going

to get a foundation permit and get started ASAP," she said.

"Our opponent had his day in court," said Mrs Geckle. "We went through the

justice system and the facts won."

"Nobody likes to lose; I wasn't jumping for joy," said Mr Carreira, in

response to the determination. "You go on for another day, another time - you

regroup...We still have the actions that are pending."

Although he decline to make an official comment after the judge's decision, Mr

Baumer was heard saying to his attorney, Randall Carreira, "We tried."