Trial Transcript

7/31/2019 Trial Transcript

1/95

HHD-CV09-5033925S : SUPERIOR COURTHHD-CV09-5033926S

VILLAGES, LLC : JUDICIAL DISTRICTOF HARTFORD

V. : AT HARTFORD, CONNECTICUT

ENFIELD PLANNING & ZONING : APRIL 3, 2012COMMISSION

BEFORE THE HONORABLE RICHARD M. RITTENBAND, JUDGE

A P P E A R A N C E S:

Representing the Plaintiff:

ATTORNEY GWENDOLYN BISHOP27 South Main StreetWindsor Locks, CT 06096

ATTORNEY PAUL TIMOTHY SMITH27 South Main StreetWindsor Locks, CT 06096

Representing the Defendant:

ATTORNEY KEVIN DENEEN820 Enfield StreetEnfield, Connecticut 06082

ATTORNEY MARIA ELSDEN820 Enfield StreetEnfield, Connecticut 06082

Recorded by: Peggy Criscuolo

Transcribed by: Peggy CriscuoloCourt Recording MonitorsHartford Superior Court101 Lafayette StreetHartford, CT 06106


2/95

1

THE COURT: Please be seated. Take your time we1

are ten minutes early. Let me know when youre2

ready.3

(off the record)4

THE CLERK: For the record, Plaintiffs Exhibits5

1, 2 and 3 are full exhibits. All set, your Honor.6

THE COURT: Are you ready?7

ATTY. DENEEN: Yes.8

THE COURT: If you need more time go ahead and9

take it, were starting early as it is so.10

ATTY. DENEEN: Just one minute longer?11

THE COURT: Sure.12

ATTY. DENEEN: Thank you. All set, your Honor,13

thank you.14

THE COURT: For the record, this is the case of15

Villages, LLC verses Enfield Planning and Zoning16

Commission, 09-5033925 and Villages, LLC verses17

Enfield Planning and Zoning Commission 09-5033926.18

Counsel, please identify yourselves, for the19

record?20

ATTY. BISHOP: Good morning, your Honor,21

Attorney Gwendolyn Bishop for the Plaintiff. With me22

is Attorney Paul Timothy Smith.23

ATTY. DENEEN: Attorney Kevin Deneen, for the24

Defendant, together with Maria Elsden from the Town25

Attorneys Office, also.26

THE COURT: Its nice to see you Attorney Deneen27


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when were not involved with some police officers for1

a change.2

ATTY. DENEEN: Its nice to be into some run of3

the mill stuff, your Honor, I suppose.4

THE COURT: For those of you in the audience5

that dont know it, I used to be Town Attorney in6

South Windsor off and on for nine years, depending on7

which party was in power. And that was approximately8

twenty years ago, Ive been on the bench for twenty.9

So, I do have some interest in zoning.10

Attorney Bishop, do you want to establish11

aggrievement?12

ATTY. BISHOP: Yes, your Honor, we would have13

our first witness, Mr. David Frederick for that14

purpose.15

THE COURT: Okay.16

(witness sworn in)17

THE CLERK: Would you state your name for the18

record, spelling your last name, please?19

THE WITNESS: Yes, David J. Fredrick, F r e d r20

i c k.21

THE CLERK: And would you state your address for22

the record please, sir?23

THE WITNESS: 2 Mulberry Lane, Enfield,24

Connecticut.25

THE COURT: Go ahead.26

ATTY. SMITH: Thank you, your Honor.27


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D A V I D J. F R E D R I C K, having been sworn, was1

examined, and testified under oath as follows:2

DIRECT EXAMINATION BY ATTY. SMITH:3

Q Mr. Fredrick, can you tell the Court how old you are?4

A Im seventy-years-old.5

THE COURT: Seventy?6

THE WITNESS: Seventy.7

THE COURT: I didnt hear the 8

THE WITNESS: Seven, zero.9

THE COURT: It sounded like seven, but go ahead.10

I knew that couldnt be true.11

BY ATTY. SMITH:12

Q And what is your occupation?13

A Im a real estate developer.14

Q And what did you do before you became a real estate15

developer?16

A High school senior English teacher.17

Q How many years did you teach English?18

A About nineteen.19

Q Was that in the Town of Enfield?20

A Enfield High School.21

Q Are you married?22

A I am married.23

Q And how many children do you have?24

A I have two children.25

Q Do you represent the Plaintiff in this case,26

Villages, LLC?27


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A I do.1

Q And did you represent the Plaintiff before the2

Planning and Zoning Committee in the Town of Enfield?3

A Yes.4

Q Did you represent the Plaintiff before the Inland5

Wetlands Authority in the Town of Enfield?6

A Yes.7

Q And have you represented the Plaintiff in this case8

before additional town staff and town agencies?9

A I have.10

Q And do you manage the day-to-day business of the11

Plaintiff, Villages, LLC?12

A Yes.13

Q And are you familiar with the assets held by the14

Plaintiff?15

A Yes.16

Q Does the Plaintiff own property in the Town of17

Enfield?18

A Yes.19

THE COURT: Are you a member of Villages, LLC?20

THE WITNESS: My wife is, your Honor.21

THE COURT: Your wife?22

THE WITNESS: Yes.23

ATTY. SMITH: May I have Exhibit 1?24

BY ATTY. SMITH:25

Q Exhibit 1 is marked as a full exhibit. Mr. Fredrick,26

can you identify this exhibit for the Court?27


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A This is a deed to my wifes co-interest in Simon1

Road.2

Q And when did the Plaintiff purchase this parcel of3

land?4

A It was in June 07.5

Q And does the Plaintiff still own this parcel of land?6

A Yes.7

Q And is this parcel part of the subject application?8

A Yes.9

THE COURT: This is 87 Simon Road?10

THE WITNESS: Yes.11

ATTY. SMITH: Your Honor, for clarification12

there are several separate parcels that comprise the13

subject application.14

And there is always some confusion between what15

the Assessor has for 87 Simon Road, but its all in16

that general vicinity right there, which is commonly17

known as 87 Simon Road.18

THE COURT: Okay.19

ATTY. SMITH: The Assessor assigns different --20

the Tax Collector has different codes for of these21

three parcels.22

THE COURT: But youre familiar with the land23

that is subject of this zoning case?24

THE WITNESS: I am, yes.25

THE COURT: And this is the deed, there are two26

deeds.27


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ATTY. SMITH: Three deeds, your Honor.1

THE COURT: Three. So it is. There are three2

deeds and hes going to go over the next two; and did3

these convey to Villages, LLC?4

THE WITNESS: Yes.5

THE COURT: The land that is subject of the6

application for the zoning in this case?7

THE WITNESS: Thats correct.8

THE COURT: Okay.9

ATTY. SMITH: Your Honor, the third deed is10

under option. Theres a very tiny slip of .8 acres11

and there is an option agreement, which is an12

exhibit, which I would hope to make full to fully13

prove the aggrievement.14

BY ATTY. SMITH:15

Q But to go through the course, Im handing you, Mr.16

Fredrick, what has been marked as a full exhibit, Exhibit 217

can you identify for the Court what this exhibit is?18

A This is a warranty deed also conveying a parcel of19

land on Simon Road to Villages, LLC.20

Q And when did the Plaintiff purchase this parcel?21

A June 07.22

Q And does the Plaintiff still own this parcel?23

A Yes.24

Q And is this parcel part of the subject application?25

A Yes.26

ATTY. SMITH: May I have Exhibit 3?27


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BY ATTY. SMITH:1

Q Im handing you whats been marked as a full exhibit,2

Exhibit 3; can you identify for the Court what Exhibit 3 is?3

A Yes, this is the third parcel of approximately .84

acres and its an agreement between Frank Legienza and5

Villages.6

Q I think youre referring to a different exhibit,7

unfortunately.8

A Oh.9

Q This is a quit claim deed; right? And does it convey10

property from Frank Legienza to a trust created by Mr.11

Legienza?12

A Yes, Im sorry. Thats correct.13

Q And attached to this deed is a schedule, Schedule A14

of property, and if you look at the third-page, which is15

parcel 3; is that parcel 3 the parcel of land which16

Villages, LLC has an option to purchase?17

A Thats correct.18

Q And is that parcel 3, listed in Schedule A, part of19

the subject application?20

A Yes, it is.21

THE COURT: Okay. All of this property is the22

same property that is owned or has an option for the23

property that is subject of the Plaintiffs24

application for a subdivision waivers and what was25

the other 26

ATTY. BISHOP: Special use permit.27


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THE COURT: Special use permit, thank you.1

THE WITNESS: Thats correct.2

THE COURT: Thank you.3

BY ATTY. SMITH:4

Q And in total the three parcels of land which we just5

described found in Exhibit 1 and in Exhibit 2 and partly in6

Exhibit 3 thats the parcel 3 of Schedule A, comprise the7

entire area, which is the subject of this application?8

A Thats correct.9

ATTY. SMITH: I will be very brief. May I have10

Exhibit 4?11

BY ATTY. SMITH:12

Q Im handing you what has been marked as Exhibit 4 for13

identification. Can you describe to the Court what this14

exhibit is?15

A This is the this is the small parcel of land that16

the Village has agreed to buy from Frank Legienza. Its17

approximately eight-tenths of an acre.18

Q And are you familiar with this agreement?19

A I am.20

Q And is this did you sign this agreement anywhere?21

A I did sign this agreement, as a witness for the22

signatures of Diane Fredrick, who is a member of the LLC and23

Jeannette Tallarita, also, a member of the LLC.24

ATTY. SMITH: Id like to offer it as a full25

exhibit.26

ATTY. DENEEN: No objection, your Honor.27


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THE COURT: Okay. Plaintiffs 4.1

BY ATTY. SMITH:2

Q And, again, handing you Plaintiffs Exhibit 4, which3

has been marked as a full exhibit; is this an option4

agreement for Villages, LLC to purchase that very tiny .85

acre piece that tiny silver, which is a part of the subject6

application?7

A Yes.8

ATTY. SMITH: I dont have any further questions9

of you, Mr. Fredrick.10

THE COURT: Attorney Deneen, do you wish to11

cross?12

ATTY. DENEEN: Just a couple of questions.13

CROSS-EXAMINATION OF MR. FREDRICK BY ATTY. DENEEN:14

Q With regard to the land purchase agreement, Mr.15

Fredrick, does that option contemplate that a final purchase16

contract would be later drawn up?17

A We would close on that property, when the Villages18

was approved for the subdivision on Simon Road.19

Q What would happen then?20

A We would execute the option.21

Q And did that contemplate that a full contract would22

be drawn up at that point?23

ATTY. DENEEN: If I could see Exhibit 4, please?24

Can I approach, your Honor?25

THE COURT: You may.26

BY ATTY. DENEEN:27


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Q Directing your attention toward the bottom of that1

land purchase, Exhibit 4; does it contemplate that a final2

purchase contract would be drawn up prior to closing this3

purchase of this property?4

A It reads, "as read": Final purchase contract,5

promissory note and mortgage deed to be prepared by buyers6

attorney and approved by sellers attorney three-days before7

the closing.8

Q And to your knowledge has that ever been done?9

A It has not been executed.10

ATTY. DENEEN: Nothing further, your Honor.11

THE COURT: Any re-direct?12

RE-DIRECT-EXAMINATION OF MR. FREDRICK BY ATTY. SMITH:13

Q Mr. Fredrick, is this option to purchase land from14

Mr. Legienzas trust, is that option still alive and well?15

A Yes.16

Q So you could, if this is approved, then exercise your17

option to purchase that land?18

A Thats correct.19

ATTY. SMITH: Thank you. No further questions.20

THE COURT: Anything further?21

ATTY. DENEEN: No, sir.22

THE COURT: Do you have any objection to the23

aggrievment?24

ATTY. DENEEN: No, your Honor.25

THE COURT: Okay. I ask this question because I26

got snookered on a case where it turned out, after27


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all representations by the Plaintiff, that they1

didnt own the property.2

Okay. Do you want to present witnesses?3

ATTY. BISHOP: Yes, your Honor.4

THE COURT: The Court finds that aggrievement5

has been shown since it is the property that is6

subject to the application and owned by the7

Plaintiff.8

ATTY. BISHOP: Thank you, your Honor.9

THE COURT: I have about ten or twelve10

questions, but I think the way we ought to proceed11

here is hear from the witnesses and then Ill ask the12

questions. And if you still have some argument after13

youve answered the questions, then Ill hear that.14

ATTY. DENEEN: Thats fine, your Honor.15

THE COURT: And you can file post trial briefs,16

if you wish to.17

ATTY. BISHOP: Thank you, very much, your Honor.18

THE COURT: That was already agreed to?19

ATTY. DENEEN: It was reserved as we were in the20

various status conferences with --21

THE COURT: Judge Graham?22

ATTY. DENEEN: Judge Graham. He indicated that23

it would be whoever heard the cases call, but that he24

wouldnt rule on that one way or another prior to our25

being here.26

THE COURT: Well, I dont have a problem. It27


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depends on what the witnesses say; the response to1

the questions I have. I hope its going to narrow2

down the issues here.3

And then I have some questions, which depending4

upon how theyre answered, could knock-out this5

application.6

I have some questions, which depending upon how7

its answered could make sure that the application is8

approved. So, I think you might want to speak to9

those in writing.10

ATTY. DENEEN: I think that would probably be a11

12

ATTY. BISHOP: That sounds prudent, your Honor.13

Wed like the opportunity.14

THE COURT: Youre not limited -- somewhere in15

the file there is an indication that after the16

witnesses testify on the issue of bias that you can17

file briefs. But Im not limiting you to the bias18

you can file briefs on anything you want.19

Although, try to make it less than thirty-pages20

this time. I spent like a whole day reading them.21

And Ive even read some of the cases, which I have22

here.23

Im glad to see that you have taken cases that24

have not yet reached the bound books. Go ahead.25

ATTY. BISHOP: Your Honor, we would call Lori26

Longhi.27


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THE COURT: Okay.1

(witnesses sworn in)2


record, spelling your last name?4

THE WITNESS: Lori Longhi, L o n g h i.5

THE CLERK: And would you state your address for6

the record, please?7

THE WITNESS: 1427 Enfield Street, E n f i e l8

d, Enfield, Connecticut.9

THE CLERK: Thank you. You may be seated.10

THE COURT: Welcome to Hartford.11

THE WITNESS: Thank you.12

THE COURT: Just so you know, the microphone is13

strictly for recording purposes. So, speaking into14

the microphone will not go through the courtroom, so15

if you could keep your voice up.16

THE WITNESS: Okay.17

18

19

20

21

* * * * *22

23

24

25

26

27


15/95

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L O R I L O N G H I, having been sworn, was examined, and1

testified under oath as follows?2

DIRECT EXAMINATION BY ATTY. BISHOP:3

Q Good morning, Ms. Longhi. Can you please state your4

age, for the record?5

A Ill be fifty this year.6


A Um Im a real estate appraiser.8

Q And how long have you been doing that?9

A Um eleven years.10

Q And what is your marital status?11

A Im married.12

Q And do you currently serve on the Enfield Planning13

and Zoning Commission?14

A Yes, I do.15

Q Okay. And how long have you served on the16

Commission?17

A I think it was in February of 09 that I got on the18

Board.19

Q Okay. And did you sit on the Commission while the20

Villagess applications were pending before it?21

A Yes.22

Q And you voted on those applications?23

A Yes.24

Q Do you know personally know Pat Tallarita?25

A Yes.26

Q And do you know his wife, Jeannette?27


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A Yes.1

Q And 2

THE COURT: Did you say, Gena?3

ATTY. BISHOP: Jeannette.4

THE COURT: Jeannette.5

BY ATTY. BISHOP:6

Q And is Mr. Tallarita present here today in the7

courtroom?8

A Yes, he is.9

Q You currently reside on the same street as Pat and10

Jeannette Tallarita, do you not?11

A Yes.12

Q And do you live in a house on the street?13

A Yes.14

Q Okay. And thats in Enfield?15

A Yes.16

Q And the house you live in is across the street from17

the Tallaritas?18

A Yes.19

Q And its also, I understand, four or five houses down20

the street?21

A Yes.22

Q So you would consider yourself neighbors?23

A Yes.24

Q Okay. And you and your husband have spent time25

socially with the Tallaritas in the past; correct?26

A Yes.27


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Q And youve all gotten together for drinks?1

A Yes.2

Q And youve had dinner together?3

A Yes.4

Q And thats happened multiple times?5

A Yes.6

Q Okay. In the past?7

A Yes.8

Q And youve gone to parties at the Tallaritas house?9

A Yes.10

Q And the Tallaritas have also invited you to their11

home as well?12

A What was that, Im sorry?13

Q The Tallaritas have invited you and your husband to14

their home?15

A Yes.16

Q But you didnt have dinner with the Tallaritas while17

the Villagess applications were pending before the18

Commission, did you?19

A No.20

Q Okay. And you didnt go to the Tallaritas house for21

a party while the applications were pending?22

A No.23

Q And you didnt invite the Tallaritas to your house24

while these applications were pending?25

A Correct.26

Q Okay. So you basically didnt engage in these types27


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of social activities while these applications were pending;1

is that fair?2

A Correct.3

Q And the year prior to the applications being filed4

that would be 2008, did you have drinks with the Tallaritas5

during 2008?6

A I dont believe so.7

Q Okay. And did you have dinner together?8


Q And did you go to a party at the Tallaritas house in10

2008?11

A I dont believe we did.12

Q And did you invite the Tallaritas to your home in13

2008?14


Q And so you didnt engage in these types of social16

activities the year before the applications were filed17

either?18

A Correct.19

Q Now the year before that, that would be 2007, did you20

engage in any of these social activities with the Tallaritas21

in 2007?22

A I dont remember the last time we did, so I couldnt23

be specific.24

Q Did you engage in these activities in 2004?25

A I dont know. I have no idea.26

Q How long have you lived at your current address?27


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A In the 90s. I want to think we moved in when my1

daughter went to sixth grade, I think it was in the 90s.2

Q And do you recall when you first became socially3

active with the Tallritas?4

A I dont remember. I know that the kids went to5

school. Um I know that my son played on baseball and6

thats where we started to you know, just see them.7

Q With one of he Tallaritas children?8

A Yes.9

Q Okay. Is it fair to say that you had been friends10

and engaged in these social activities with the Tallaritas11

in the past, but all of that had stopped prior to the12

Villagess application being filed in 2009?13

A Im not sure I dont know exactly what youre14

asking?15

Q I can repeat it. Is it fair to say that you engaged16

in these social activities youve been testifying about with17

the Tallaritas, but that had stopped prior to 2009?18

A I dont know the date that it stopped. But we19

stopped, you know, Pat would have parties. He didnt have20

parties we didnt go over, so I dont know exactly the dates21

that its kind of like you have your kids in dance and22

you see people all of the time and then they arent in dance23

anymore so you dont socialize.24

I dont know the exact dates that it stopped or25

actually started. We were neighbors.26

Q But the question isnt what is the exact date that it27


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stopped, maam. The question is: Did the social activities1

stop prior to the Villagess applications being filed in2

2009?3

A Oh, prior to the Villages? Yes. Yes, it stopped.4

Q And you were no longer having drinks with the5

Tallaritas?6

A Correct.7

Q And you no longer go to dinner at their house?8

A Correct.9

Q And you no longer invite them to your house for get-10

togethers?11

A Correct.12

THE COURT: When was the application filed?13

ATTY. BISHOP: May of 2009, your Honor.14

BY ATTY. BISHOP:15

Q Do you recall contacting Mr. Bryon Meade of the16

Hazardville Water Company about the Villagess application17

outside the public hearings on this matter?18

A No.19

Q Do you recall making a telephone call to the20

Hazardville Water Company about the Villagess applications?21

A No.22

Q Do you recall visiting the Hazardville Water Company23

offices while these applications were pending?24

A No.25

Q So you dont recall contacting anyone at the26

Harzardville Water Company concerning these Villagess27


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applications?1

A Correct.2

ATTY. BISHOP: Nothing further.3

THE COURT: Cross?4

ATTY. DENEEN: Just a couple of questions, your5

Honor, obviously, subject to my right to call her6

back depending on where the rest of the witnesses go.7

CROSS-EXAMINATION OF MS. LONGHI BY ATTY. DENEEN:8

Q Ms. Longhi, under direct examination there were a9

number of questions about your social relationship with Mr.10

Tallarita. One of which would have been getting together11

for dinner.12

Prior to whenever it stopped in 2007/2008, how often13

did that occur on a monthly basis, weekly basis; how often14

did you get together?15

A Maybe monthly. Every couple of months.16

Q And were there other social settings in which you ran17

into each other or you were both involved in?18

A Yes.19

Q And what were those?20

A It was mostly political. Um Pat would have a lot21

of fundraisers at the house. He would have parties or22

events and we would go. There would be a lot of people and23

there were times where we had just smaller occasions to go24

over.25

Q And how often would you have just you and your spouse26

and Mr. Tallarita and his spouse for dinner, just the four27


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of you, did that occur often?1

A I think just the two of them, never.2

Q Okay. It was always in a larger group?3

A It was always more people than that.4

Q All right.5



ATTY. BISHOP: Yes, your Honor, one moment.8

RE-DIRECT-EXAMINATION OF MS. LONGHI BY ATTY. BISHOP:9

Q Ms. Longhi, you just testified that when you spent10

time socially with the Tallaritas it was always in a larger11

group?12

A For dinner. He asked about dinner.13

Q And is it your testimony that youve never had14

dinner, you and your husband and Pat Tallarita and his wife?15

A I dont recall ever just the four of us having16

dinner.17

Q But this isnt the first time youve testified in18

this matter, is it maam?19

A No.20

Q You had your deposition taken at my office, do you21

recall that?22

A Yes.23

Q And I took your deposition and I asked you some24

questions, didnt I, about your relationship with the25

Tallaritas?26

A Yes.27


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Q And I asked 1

ATTY. BISHOP: May I approach, your Honor?2

THE COURT: You may.3

ATTY. DENEEN: Judge, you should have the sealed4

5

THE COURT: Do you want it unsealed?6

ATTY. DENEEN: This is open. Do you have the7

sealed deposition?8

ATTY. BISHOP: I dont know if I have that with9

me.10

ATTY. DENEEN: I want the sealed depositions.11

ATTY. BISHOP: I didnt think that was12

necessary. I have the unsealed transcript. I dont13

have the sealed copy.14

Would your Honor allow me to ask a question off15

of the unsealed version? My understanding is that16

the law doesnt require it to be sealed, but most17

people unseal it in front of the jury because they18

find it dramatic.19

ATTY. DENEEN: Well, its 20

ATTY. BISHOP: I mean I have its the full21

transcript with the reporters certification.22

ATTY. DENEEN: Well, if Counsel wants to ask23

questions of what she recalls from the deposition24

thats certainly fine.25

THE COURT: What did you say?26

ATTY. DENEEN: If Counsel wishes to inquire of27


24/95

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the witness what she recalls from that deposition1

thats fine. But 2

ATTY. BISHOP: I mean Im not putting it in or3

anything.4

ATTY. DENEEN: I understand that. But youre5

going to we need the sealed deposition. Ive never6

just handed in our private copies of the depositions.7

ATTY. BISHOP: Well, Im not offering it as an8

exhibit. Im just asking questions using it.9

ATTY. DENEEN: Then you can ask questions of it10

but not to show it to her. You can ask her if it11

refreshes her recollection, but you dont have a12

right to enter questions that are on the document13

thats not going to be in evidence.14

THE COURT: Is there any question as to the15

authenticity of that deposition?16

ATTY. DENEEN: I can compare. Okay. Thats17

fine.18

THE COURT: Okay. I dont know that you want to19

introduce it or not, but you can show it to her. I20

assume what youre going to be doing is asking her21

questions.22


THE COURT: And asking her what her answers24

were.25

ATTY. BISHOP: Im going to yes. Im not26

going to offer it as evidence Im just going to ask27


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her questions.1

THE COURT: Okay. You can do that.2

ATTY. BISHOP: Thank you, your Honor.3

BY ATTY. BISHOP:4

Q Ms. Longhi, showing you this, do you recall that I5

asked you a question at the deposition at the top of page-396

of the transcript and it says, "as read": Have you had7

occasions where you and your husband and Pat Tallarita and8

his wife got together to have drinks? And your answer was,9

Yes. Did I read that correctly?10

A Yes.11

Q Okay. And my next question was, "as read": Or have12

had dinner together? And your answer was, Yes. Did I13

read that correctly?14

A Um-hum.15

Q Thats it.16


THE COURT: Any re-cross?18

ATTY. DENEEN: Just one, very quick.19

RE-CROSS-EXAMINATION OF MS. LONGHI BY ATTY. DENEEN:20

Q Was there anything in those two questions that21

indicated that you were having dinner alone, just the four22

of you?23

A No.24

Q Thank you.25

THE COURT: Anything further?26



26/95

25

THE COURT: Thank you, maam, you may step down.1

ATTY. BISHOP: The Plaintiff calls Mr. Bryon2

Meade, your Honor.3

THE COURT: Did you say, Meade?4

ATTY. BISHOP: Yes, Bryon Meade, M e a d e.5

(witness sworn in)6



THE WITNESS: Bryon Meade, M e a d e.9

THE CLERK: And would you state your address,10

for the record, please, sir?11

THE WITNESS: 58 Weber Street, Springfield,12

Massachusetts.13


15

16

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18

19

20

* * * * *21

22

23

24

25

26

27


27/95

26

B R Y O N M E A D E, having been sworn, was examined, and1

testified under oath as follows:2


Q Mr. Meade, can you spell your first name, for the4

record?5

A Yes. Its B r y o n.6

Q Thank you. Mr. Meade, how old are you?7

A Fifty-nine.8


A Project Manager for Hazardville Water Company.10

Q And how long have you been at Hazardville Water11

Company?12

A Thirteen and-a-half years.13

Q And were you working there in 2009?14

A Yes.15

Q And what are your duties as project manager?16

A Ah, basically, to review all new developments that17

are proposed for the Town of Enfield and Somers,18

Connecticut.19

I go to town meetings and work with the fire20

departments and fill-out contracts with developers and21

contractors, and oversee the installation of water mains and22

water services to homes and make sure they meet the23

companys specifications.24

Q And were you an employee of Hazardivlle Water Company25

in October of 2009?26

A Yes.27


28/95

27

Q And do you recall a proposed subdivision off of Simon1

Road in Enfield called Villages?2

A Yes.3

Q And was the Hazardville Water Company involved in4

that proposed subdivision?5

A Yes, we were.6

Q And how so?7

A Our water mains are in that area so they would be an8

extension from our existing water main into the development9

to supply domestic water for the homes.10

Q Okay. And do you recall that the Villages11

subdivision had applied to have their property subdivided12

before the Planning and Zoning Commission?13

A Yes.14

Q Okay. And were you contacted, sir, by any Commission15

members outside of the public hearings regarding the16

Villagess applications for that subdivision?17

A Yes, I was contacted by Ms. Lori Longhi.18

Q And do you recall about when that occurred?19

A Early October of 2009. Probably the first week, I20

dont know the exact date.21

Q Okay. And do you recall what she was contacting you22

about in relation to the subdivision?23

A Well, the meeting I dont have a real clear24

recollection of the meeting, but I did put it in writing in25

an email to Dave Fredrick what it was about. And after26

reading the email that I wrote it refreshed my memory that27


29/95

28

it had to do with fire flows and water pressures for the1

development.2

Q And what is a fire flow?3

A Its a required flow by the fire department to put4

out a fire, you know, if theres not enough flow then maybe5

homes cant be built there or youd have to put in an extra6

booster station to bring the pressure up.7

And what the company normally does, when we get a8

development like that, is we turn over the information to9

our consulting engineers and they run a hydraulic model to10

determine if theres enough water pressure and fire flow for11

that development.12

Q And Commissioner Longhi, you testified, that she was13

asking you about the fire flows for the proposed14

development?15

A Yeah, based on the email I sent to Dave Fredrick16

about the meeting, that refreshed my memory thats what we17

talked about.18

THE COURT: Was this in person?19

THE WITNESS: Yes.20

BY ATTY. BISHOP:21

Q So she visited the Hazardville Water Company offices;22

is that correct?23

A Right.24

Q And where were those located?25

A 281 Hazard Avenue in Enfield.26

Q And you work in that office during regular business27


30/95

29

hours?1

A Yes.2

Q And so she visited you at your office?3

A Correct.4

Q In early October 2009?5

ATTY. DENEEN: Im going to object. This is all6

leading questions at this point, and its Counsels7

own witness. I mean if she wants to ask him what he8

did shes just basically spoon-feeding him the9

questions.10

THE COURT: It sounded like a leading question.11

ATTY. BISHOP: Ill rephrase, sir.12

THE COURT: Sustained.13

BY ATTY. BISHOP:14

Q Mr. Meade, prior to Ms. Longhi contacting you about15

the Villagess application had you ever been contacted by a16

Commission member while an application was pending outside17

the hearing?18

A No, not outside the hearing.19


THE COURT: Okay. One second, Counsel, if you21

would?22

ATTY. DENEEN: Sure.23

THE COURT: Okay. Go ahead.24

CROSS-EXAMINATION OF MR. MEADE BY ATTY. DENEEN:25

Q Mr. Meade, you indicated that this supposed meeting26

occurred at the Hazardville offices?27


31/95

30

A Yes.1

Q Hazardville Water offices?2

A Right.3

Q Can you describe what the layout of that or where4

that occurred? Was it in your office? Was it in a lobby or5

where was it?6

A It would be in a conference room.7

Q Do you have a specific recollection of being in a8

conference room on that matter?9

A I have so many meetings with so many people I dont.10

The recollection is not real clear because I deal with a lot11

of developers and things.12

But what refreshed my memory was looking through my13

file on that project, and I did write the email that I had14

the meeting. So you know I wouldnt put something in 15

Q But sitting here today you sort of indicated that it16

was in a conference room; you dont recall if it was in a17

conference room sitting here today, do you?18

A Well, yes, it would be in a conference room because19

thats where we have all of our meetings.20

Q Well, would be is different than I remember thats21

where it was. If thats typical where you had thats one22

answer.23

Do you recall sitting here today, under oath, that24

you, in fact, had that meeting with Ms. Longhi in that25

conference room?26

A Not exactly in that conference room, no, not today.27


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31

Q And what did you allegedly talk about at this1

meeting?2

A Ah, that it required 3

Q Do you recall that today sitting here under oath?4

A Yes, it required fire flows to the development.5

THE COURT: And water pressure?6

THE WITNESS: Water pressure, yes.7

BY ATTY. DENEEN:8

Q And youre under oath testifying today you are9

absolutely sure that it had to do with the Villagess10

application not another application or another potential11

subdivision that might be developed?12

A Thats correct, based on the email that I wrote.13

Q All right. But independent of that email, do you14

have a current recollection that you are absolutely certain15

that thats what it was about. It wasnt about a different16

potential subdivision?17

ATTY. BISHOP: Objection. I believe youve18

already asked and hes answered that he 19

ATTY. DENEEN: This email is not in evidence.20

This alleged email is not in evidence.21

ATTY. BISHOP: Well, hes entitled to refresh22

his recollection with an email, and now hes23

testifying what he recalls.24

THE COURT: Youre saying that based upon his25

refreshing of his he didnt use those words, but26

based upon his refreshing his recollection by an27


33/95

32

email that he sent to Mr. Fredrick outlining all of1

this he now remembers it.2

ATTY. DENEEN: Well, I dont think he testified3

that it was outlining all of this, your Honor, thats4

why Im trying to get to 5

THE COURT: Well, whatever he is saying here6

today he remembers because he remembers that it took7

place partly based upon his sending of an email8

accounting of it to Mr. Fredrick.9

ATTY. DENEEN: All right.10

BY ATTY. DENEEN:11

Q So there is no chance that you would be confusing12

this with regard to these inquiries with regard to a13

different potential subdivision?14

A No.15

THE COURT: That was asked and answered,16

Counsel.17

BY ATTY. DENEEN:18

Q Other than this one alleged meeting directly with Ms.19

Longhi at the Hazardville Water Company, did you have any20

other contact outside in early October of 2009 with Ms.21

Longhi regarding the Villagess application?22

A No, I did not.23



ATTY. BISHOP: No, your Honor.26

THE COURT: Thank you, sir, you may step down.27


34/95

33

Youre excused.1

ATTY. BISHOP: Your Honor, the Plaintiffs calls2

Mr. Anthony DiPace.3

(witness sworn in)4


record spelling your last name, please?6

THE WITNESS: Anthony M. DiPace, D i P a c e.7

THE COURT: And would you state your address,8

for the record?9

THE WITNESS: 270 Jackson Road, Enfield,10

Connecticut 06082.11

THE CLERK: Thank you, you may be seated.12

13

14

15

16

17

18

19

* * * * *20

21

22

23

24

25

26

27


35/95

34

A N T H O N Y D I P A C E, having been sworn, was1



Q Good morning.4

A Good morning.5

Q Would you state your age, for the record?6

A Fifty-two.7


A Um automotive repair garage owner.9

THE COURT: Excuse me?10

THE WITNESS: Automotive repair garage owner and11

car sales. Im a service technician.12

BY ATTY. BISHOP:13

Q And where is that business?14

A 318 Hazard Avenue, Enfield, Connecticut.15

Q Okay. And have you ever served on the Enfield16

Planning and Zoning Commission?17

A Yes, I did. I served approximately from 1988 until 18

Im going to say December of 2007, with a short two-year-19

span where I wasnt on there.20

Q Okay. And during your service did you hold any21

offices?22

A Ah, yes, I held the I believe every position that23

was available, Secretary, Second Vice-Chair, Vice-Chair and24

I served as Chairman for about four years.25

Q And do you know Lori Longhi?26

A Yes, I do.27


36/95

35

Q And how do you know her?1

A Um through the town, through different political2

events.3

Q Do you also know Mr. Pat Tallarita?4

A Yes, I do.5

Q And how do you know him?6

A Same thing through politics in town and Ive known7

him growing up.8

Q And while you were Chairman of the Planning and9

Zoning Commission, did you ever hear Lori Longhi complaining10

about Mr. Tallarita?11

A I do recall an incident that happened in the back12

parking lot of the Town Hall, when I was Chairman of the13

Planning and Zoning.14

I dont recall the exact wording of what was said,15

but I do recall that she was upset with him because she felt16

that he wasnt helping her out and she wasnt happy with it.17

Q Okay. At that time, was Mr. Tallarita holding any18

political office?19

A I believe he was the Mayor.20

Q Okay. And do you remember when this occurred when21

you heard Lori Longhi complaining about Pat Tallarita?22

A I dont recall exactly, but I think it was somewhere23

in the summertime you know in May, June of 07.24

Q Okay. And you testified you were in the parking lot25

of the Town Hall. Why were you there; why were you present26

there?27


37/95

36

A Um there was a Democratic Town Committee meeting1

and I was leaving. And I was in my truck and as I was2

driving around the back of the parking lot I noticed Lori3

Longhi with two other Planning and Zoning Commission members4

and it looked like they were, you know, talking. And I just5

pulled up and stopped to say high and put my window down.6

Q Who else was present when you heard this7

conversation?8

A Charles Ladd and Kathleen Sarno.9

Q Okay. And you said did they hold any office at10

that time?11

A They were both on Planning and Zoning. They were12

alternate members.13

Q Okay. So they were serving with you on the Planning14


A Um-hum.16

Q And the three of them were talking. And where were17

you, were you standing outside in the parking lot?18

A No, I was in my truck. I was coming around the19

parking lot and I saw the three of them and I just stopped20

to say, hi.21

Q And did you roll your window down?22

A I put my drivers window down.23

Q Okay. And to the best of your recollection, what was24

Lori Longhi complaining about with respect to Mr. Tallarita?25

A Well, she felt she was being screwed over by the26

town. I believe there was a problem with the Assistant Town27


38/95

37

Planner, who oversees the wetlands.1

Q Okay. And what did she say in relation to Mr.2

Tallarita?3

A Um she just felt that she had made a comment that4

she was being screwed over by the town and that, you know,5

he wasnt helping her and that she hoped someday that he6

would get screwed over by the town, something to that7

fashion.8

Q And were you able to hear the emotion with which she9

said this?10

A Yes. Yeah, and I just thought she was venting is the11

way I took it.12

Q Did she sound angry?13

A Oh, yes.14

Q Or frustrated?15

A Very frustrated, yeah.16

Q And at Mr. Tallarita?17

A At the town in general, you know.18

Q Was she angry at Mr. Tallarita for not helping her19

with some issue she was having?20

A Yes, she was.21

ATTY. DENEEN: Objection. That calls for22

speculation as to what Ms. Longhi did or didnt feel.23

ATTY. BISHOP: Ill withdraw the question.24

ATTY. DENEEN: Thank you.25

BY ATTY. BISHOP:26

Q Mr. DiPace, were you on the Commission, the Enfield27


39/95

38

Planning and Zoning Commission at the time the Villagess1

applications were filed in 2009?2

A No, I was not.3

Q So you havent served since December 2007?4

A Right, since December of 2007.5


THE COURT: Cross?7

ATTY. DENEEN: Thank you, your Honor.8

CROSS-EXAMINATION OF MR. DIPACE BY ATTY. DENEEN:9

Q Mr. DiPace, do you recall being deposed prior to10

todays hearing in this matter?11

A Yes, I do.12

Q And do you recall when you were asked those same13

questions with regard to when this conversation allegedly14

occurred it probably was in 06 or 07?15

A It could have been 06 or 07. I know it was16

summertime weather and I wasnt sure what year.17

THE COURT: So, was it the time that you18

finished, the same year that you finished your19

service on the P & Z?20

THE WITNESS: Im not sure if it was the summer21

of that year or if it was the summer before.22

THE COURT: Okay.23

BY ATTY. DENEEN:24

Q And after you heard this conversation, that allegedly25

occurred, did you share that with Pat Tallarita at any time?26

A I shared it with several different people.27


40/95

39

Q Did it include Pat Tallarita?1

A Yeah.2

Q Okay. Mr. Fredrick?3

A I dont know if I shared it with him or not.4

Q And did you share it with, at least, Mr. Tallarita5

shortly after the conversation occurred?6

A Im not sure when I shared it with him. At the time7

he was the Mayor and, you know, I believe it had something8

to do with the greenhouse she was trying to get approval,9

trying to get the town to do. And I just shared with him10

that nobody was helping her out.11

Q And were you the Democratic Town Chair at that time?12

A No, I was not. At which time?13

Q At the time this conversation occurred?14

A Which?15

Q That allegedly occurred with Ms. Longhi and these16

other Commissioners?17

A No, I was the Chairman of the Planning and Zoning18

Commission.19

Q I guess I may not have understood your answer, so20

Ill try it, again. When did you share that you heard this21

conversation, when did you share that with Mr. Tallarita?22

A It was probably maybe within a few weeks or month23

that I questioned him why he wasnt helping her.24

Q And so you passed that information on trying to be25

helpful?26

A Right.27


41/95

40

Q Thank you.1



THE COURT: Thank you. One second before you4

continue. Go ahead.5

ATTY. BISHOP: The Plaintiff calls Mr. Pat6

Tallarita.7

(witness sworn in)8

THE CLERK: Would you state your name, for the9


THE WITNESS: Patrick Louis Tallarita, T a l l a11

r i t a.12


for the record, please?14

THE WITNESS: 1400 Enfield Street, Enfield,15

Connecticut.16


18

19

20

21

22

* * * * *23

24

25

26

27


42/95

41

P A T R I C K T A L L A R I T A, having been sworn, was1

examined, and testified under oath as follows?2


Q Good morning, Mr. Tallarita.4

A Good morning.5

Q Can you give us your age, please?6

A My age; 49-years-old.7


A For the last 25 years Ive been employed by the State9

of Connecticut. And for the last 20 years, by the10

Connecticut Labor Department where Im Director of11

Facilities Operations for the Labor Department.12

Q And what is your educational background, sir?13

A I have a bachelors degree.14

Q From what ?15

A Fitchburg State University, it used to be college.16

Q And are you married, sir?17

A I am.18

Q And how long have you been married?19

A Ive been married for 25 years this year.20

Q And what is your wifes name?21

A My wifes name is Jeannette.22

Q Okay. And what is your relationship with the23

Plaintiff, Villages, LLC?24

A Im married to one of the partners.25

Q Okay.26

A And I have represented my wifes interest throughout27


43/95

42

the proceedings.1

Q Okay. And did you perform any duties for the company2

before the Planning and Zoning Commission?3

A Yes, I went to every meeting representing my wifes4

interest before the Commission.5

Q And your wife is a member of the LLC?6

A Yes, she is.7

Q And is there any other member?8

A Yes.9

Q And who is that?10

A Diane Fredrick.11

Q And those are the only two members of the LLC?12

A Those are.13

Q Okay. And did you attend every hearing of the14

Planning and Zoning Commission on Villages behalf?15

A I believe I did, yes.16

Q And you spoke as their representative along with Mr.17

Fredrick?18

A I did.19

Q Prior to Villagess applications being filed, did you20

have any personal relationship with any member of the21

Commission?22

A Well, I knew a number of Commission members through23

the political circles, but I had the closest relationship24

with Mrs. Longhi and her husband, David Longhi.25

Q And what was the nature of that relationship?26

A We were friends, social friends. We got together, as27


44/95

43

she testified, for drinks. We went to we had New Years1

Eves together. We went out to dinner together. They came2

to our house for dinner. We went to their house for dinner.3

We saw them on a very social part of the social network4

that we were part of, they were part of that network as5

well.6

Q And as part of that friendship did you ever have7

occasions where you spent time, you and your wife spent time8

with Mrs. Longhi and her husband, the four of you?9

A Sure. I can recall two occurrences, specifically.10

Once we went to Figaros Restaurant, the four of us, for11

dinner. And one time they took us to their country club, the12

Springfield Country Club for dinner where we had a very nice13

dinner outside looking at the sunset.14

Q And you mentioned you spent New Years Eves together?15

A At least on two occasions, thats what I recall.16

Q And did you invite the Longhis to your familys home17

for occasions?18

A Yes, graduations probably or birthdays for the kids19

things of that nature; yes, they were invited Friday night20

dinners, Saturday night dinners.21

Q And did the Longhis also invite you and your wife to22

their home for dinner?23

A Yes.24

Q And for social occasions?25

A Yes.26

Q And were you still friends, you and your wife still27


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44

friends with the Longhis in 2009?1

A No, we were not.2

Q Okay. And prior to that had you served in any3

political office in the Town of Enfield?4

A Yes, in 2001 I was elected to the Enfield Town5

Council, and was selected by the Council to be the Deputy6

Mayor for two years. After that I was elected to the Town7

Council two more terms, and I was selected by the Council to8

serve as the Mayor of Enfield.9

Q And so when the Villagess applications were pending10

were you still spending time with the Longhis socially?11

A No, we were not.12

Q And what had the friendship ended at that point?13

A Yes, the friendship had ended.14

Q Okay. And when did it end?15

A My recollection is that it ended around 2007 in the16

summer. There was an occasion that David and Lori Longhi, I17

invited them to my home on a Friday night to have a couple18

of glasses of wine on the front porch, and at that point19

Lori accused me of using my influence before Commissions to20

get favoritism. And I was quite angry by that comment, and21

we had a disagreement over it, at which time I asked them to22

leave my home.23

Subsequent to that confrontation my wife came out24

from inside the house and her husband kind of interceded as25

well and calmed the situation down, and we kind of went on26

with the evening, but that was if I could pinpoint the27


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45

time it was right around there that the relationship1

deteriorated quickly because I felt she was questioning my2

integrity as an individual.3

THE COURT: She accused you of what?4

THE WITNESS: She accused me of using my5

influence in town to influence Boards and6

Commissions.7

THE COURT: One second, Counsel.8

ATTY. BISHOP: Sure.9

THE COURT: Go ahead.10

BY ATTY. BISHOP:11

Q And these accusations were made while you were Mayor12

of Enfield?13

A Yes, I was still Mayor at the time.14

Q And what was your reaction?15

A I was angry. I was taken by surprise by it at first,16

but I was angry being questioned like that and being accused17

like that.18

Q And around that time did she accuse you of anything19

else?20

A At that time, no, it was basically that that she21

accused me of.22

THE COURT: Excuse me, was she angry when she23

dissented?24

THE WITNESS: Yes, she was very accusatory and25

angry towards me and I was angry back, so there was a26

confrontation.27


47/95

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BY ATTY. BISHOP:1

Q And after that confrontation did you have an2

additional conversation with her where she made accusations?3

A We had one more conversation in our relationship and4

that was a couple it was during the week, I recall. The5

conversation I just described took place on a Friday night.6

Subsequent to that it might have been a Monday or7

Tuesday I was driving home and I saw Lori in her driveway,8

so I stopped with the intent of apologizing for the way I9

reacted but to have that conversation with her.10

Q Okay. And did she accuse you of anything during that11

conversation?12

A During that conversation she told me that she was13

told by somebody that I was the individual that had went to14

the town and got them to look into their Inland Wetland15

issues that I was the person that filed the complaint, in16

essence.17

Q And what was your reaction to that accusation?18

A I told her that I would go with her at that moment or19

we could call the person that made that accusation so that I20

could defend the fact that I had not done that.21

Q So you hadnt, in fact, complained to the town?22

A No I hadnt.23

Q About some issue with her property?24

A No, I had never done that.25

Q But she accused you of having complained to the town?26

A She claimed that someone had told her that I had done27


48/95

47

that.1

Q Was she joking?2

A No, she was not joking.3

Q How do you know she wasnt joking?4

A By the tone of her voice.5

Q How did she sound, the tone?6

A She sounded very stern and very accusatory like I had7

betrayed her in some way.8

Q And subsequent to this last conversation did you have9

dinner with her, did you and your wife have dinner with her10

or her husband?11

A After that?12

Q Yeah, the four of you?13

A That was pretty much the end of the relationship, at14

that point.15

Q And did you continue to socialize together as a16

couples, just the four of you?17

A No, we didnt.18

Q And did you invite her to your home?19

A No.20

Q And were you invited to the Longhis home?21

A No, we were not.22

Q So the relationship ended prior to Villages filing23

the applications in 2009?24

A Correct.25

Q And when you filed those applications on Villages26

behalf, were you aware that Lori Longhi was sitting on the27


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48

Commission?1

A Yes, I was.2

Q Okay. And were you concerned that this former friend3

of yours was a decision maker on a Board where you had an4

application?5

A Yes, I was.6

Q Did you do anything about your concerns?7

A After the first meeting, because I had really held8

out hope that I would get fair treatment, but after the9

first meeting, as I watched the way that she reacted to the10

application, I did. I went to the Town Manager and voiced11

my concerns over whether I would get a fair trial not12

trial, but a fair judgment from the Commission and,13

specifically, Commissioner Longhi, who I felt probably14

should recuse herself from the proceedings.15

Q And who was the Town Manager?16

A Matthew Coppler.17

Q Okay. And did you visit him in person to voice your18

concerns or did you call him?19

A I visited him in person.20

Q And what was his response to you?21

A He actually had heard about it, and he felt that22

because its televised in Enfield, the proceedings are23

televised on public access, people had commented to him on24

the proceedings and his sense was he led me to believe his25

sense was the same.26

And he said that he would have conversations with27


50/95

49

people, would intervene to make sure that we would get fair1

treatment.2

Q So what was your understanding after that3

conversation?4

A I believed that he would go to either the Chairman or5

that he would go to Ray Warren, who was at that time I think6

he was overseeing those Boards and Commissions, those parts7

of town as an Economic Development Specialist.8

Q And did you believe that the Town Manager would take9

appropriate action to make sure you would get a fair10

hearing?11

A I did. I trusted Matt. I had worked with him for a12

number of years and I felt he was a decent, fair, honest man13

and I believed that I left it in good hands when I walked14

away from him.15

Q And just to clarify, were you still Mayor of the town16

while these applications were pending?17

A No, I was not. I retired at the bequest of my18

children.19

Q What year was that that you retired?20

A I left in November of 2007s election. Yeah, thats21

the date.22

Q Did Tony are you familiar with Mr. DiPace?23

A I am.24

Q And hes here today?25

A Yes, he is.26

Q And prior to these public hearings on the Villagess27


51/95

50

application, did Mr. DiPace inform you that Lori Longhi had1

made disparaging remarks about you in the Town Hall parking2

lot?3

A Not prior to the meeting.4

Q Not prior to the first public hearing?5

A Correct.6

Q So you hadnt heard, during the first public hearing,7

that Lori had made a specific statement about her treatment8

at the hands of the town?9

A Not that specific type of statement. Tony may have10

approached me. Other people may have approached me, no11

matter how big Enfield is its still a small town, and you12

hear things and I knew that Lori wasnt pleased with me13

because she felt that I wasnt trying to go far enough to14

try to help her in her plight with the town.15

But, the first time that Tony DiPace came to me was16

after the proceedings had started. It may have been,17

actually, after the decision was rendered.18


THE COURT: Cross-exam?20

CROSS-EXAMINATION OF MR. TALLARITA BY ATTY. DENEEN:21

Q So when Mr. DiPace testified that he told you shortly22

after, that he allegedly overheard this conversation, was he23

telling the truth?24

A I believe Tony. He has never lied to me before.25

Q And you just cant recall whether or not you had that26

conversation with him?27


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A No, I know I had that conversation with Tony. I just1

firmly believe, to the best of my judgment, that it happened2

after the decision was made that he shared that information3

with me, the specifics of her conversation with him.4

Q So when he says it was a couple weeks after in5

2006/2007 youre saying it wasnt until October of 2009?6

A Well, what Tony said is he pointed out to me that7

Lori was upset. But I dont believe that he mentioned to me8

that she was specifically upset with me.9

THE COURT: Excuse me. How about after the10

application was denied?11

THE WITNESS: Yes.12

THE COURT: Then he told you in detail?13

THE WITNESS: He did tell me in detail. And I14

had that conversation with him on a couple of15

occasions, because I was concerned that Tony was16

Chairman of the Planning and Zoning Commission and17

whether he wanted to come forward with that18

information or not.19

BY ATTY. DENEEN:20

Q But you dont recall having that conversation at all21

with him as he indicated several weeks after this allegedly22

occurred back in 2006/2007?23

ATTY. BISHOP: Objection. Its asked and24

answered, I believe.25

ATTY. DENEEN: I want to explore, your Honor.26

Weve got two witnesses telling contradicting27


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matters.1

THE COURT: Well, hold on a second. Im going2

to make a note and then you can ask your question. I3

know I can get a transcript, but Im trying to keep4

up with it here.5

Okay. Go ahead. You want to repeat that6

question?7

ATTY. DENEEN: Sure.8

BY ATTY. DENEEN:9

Q You were present in the courtroom well, Ill try to10

rephrase it, again, when Mr. DiPace was testifying earlier11

today?12

A I was.13

Q And did you hear him indicate that hes told you14

about his conversations with Lori Longhi several weeks after15

they occurred?16

A What I heard him say would very well be true, is that17

he said that he shared with me that Lori was upset about18

what was going on in town with regards to her and the Inland19

Wetlands Commission. And that was common knowledge to me20

that wouldnt have been something that would have struck me21

as being out of the ordinary because a number of people had22

come to me, including other Councilors at the time,23

expressing Loris displeasure that the Town of Enfield was24

not doing what she felt it should be doing for her and that25

I was not interceding on her behalf.26

Q So youre aware of all of this at the time that you27


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made your application for the Villages or the Villagess1

made its application of Loris alleged antipathy toward you2

prior to that?3

A Not the comment that she wanted something similar to4

what happened to her happen to me. I didnt know that was5

made until after the application.6

THE COURT: When was that made?7

THE WITNESS: That was told to me after the8

application was denied by Mr. DiPace.9

BY ATTY. DENEEN:10

Q And, obviously, the conversations that you testified11

earlier to, with regard to Ms. Longhi, all of that occurred12

prior to Villages making its application with regard to you13

being on the porch?14

A All of that occurred prior to me making the15

application.16

Q And you were aware of that at the time you,17

obviously, were aware of that at the time the application18

was made?19

A Yes, I was.20

Q And, at any time, did you or any representative21

before the town Planning and Zoning Commission in Enfield22

object to Ms. Longhis participation in this case?23

A In public forum, no, because I felt it was24

inappropriate to do that.25

Q So, neither you nor your Villagess Counsel or anyone26

raised the issue with the Planning and Zoning Commission or27


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with Ms. Longhi at the time the application was made?1

A No, I did not. I made it to the Town Manager in2

person because it was a televised proceeding and I didnt3

feel it appropriate to do that. I didnt want to alienate4

the rest of the Commission. And I also understood, because5

of my involvement with the Town of Enfield, that there was6

nothing we could do to force her to recuse herself. So what7

would the action have benefited?8

Q Well, it certainly would have setup an appealable9

issue.10

A Sir, we used our best judgment with hopes that I11

would get a fair judgment, and thats all I ever asked for.12

Q When you say you, you mean Villages I assume?13

A Correct.14

Q So you chose not to raise that issue in the public15

forum at the Planning and Zoning Commission?16

A Yes, we did.17

Q Okay.18

THE COURT: Who was the Chairman of the Planning19

and Zoning Commission at that time?20

THE WITNESS: Charlie Durhan. His name is21

Charles Durhan, a good, fair man.22

THE COURT: When was Mr. DiPace Chairman?23

THE WITNESS: Prior to Charlie Durhan. Mr.24

DiPace was off a year before that, I think, maybe25

two.26

THE COURT: Before your application?27


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THE WITNESS: Before my application, yes. Mr.1

Durhan, got sick though during our application and2

halfway through the proceedings no longer attended3

any of our hearings.4

THE COURT: So who took over?5

THE WITNESS: Vice-Chair, Liz Ballard.6

BY ATTY. DENEEN:7

Q And with regard to your service on the Town Council8

as Deputy Mayor and as Mayor of Enfield, were you involved9

in nominating and casting votes for members of the Planning10


A While I was on the Commission, yes, I was or while12

I was on the Council, yes, I was. That was one of the13

duties.14

Q And were a number of the current the Commission15

members existing at the time the Villages made the16

application, individuals that you had either voted for17

nominated during your term?18

A I probably never nominated anyone because it wasnt19

tradition for the Mayor or the Deputy Mayor to nominate.20

But I most definitely voted on some members that were there.21

Q And you had input into who the selection of those22

folks were going to be?23

A Typically, unanimous votes. So I would say, yes, I24

was a vote. But I was one of them, one of eleven votes.25

Q So one vote wouldnt make a difference?26

A One vote would not make a difference.27


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ATTY. DENEEN: Nothing further.1


ATTY. BISHOP: Nothing further, your Honor.3

THE COURT: Thank you, sir. Do you have another4

witness?5

ATTY. BISHOP: I do not, your Honor.6


ATTY. BISHOP: I do not.8

THE COURT: Okay.9

ATTY. DENEEN: Can we just take a short recess10

before we put our Plaintiff is resting at this11

point.12

THE COURT: Are you resting?13


THE COURT: Okay. Normally we take a recess at15

11:30, but we started ten-minutes late so lets take16

a 15-minute recess now.17


(brief recess)19

THE COURT: Okay. Attorney Deneen, the floor is20

yours.21

ATTY. DENEEN: Thank you. Your Honor, I would22

recall Ms. Lori Longhi to the stand, please?23

Oh, Im sorry, Id like to call Mr. Charles24

Ladd.25

ATTY. BISHOP: Your Honor, I have an objection.26

I wasnt aware that Mr. Ladd was going to testify27


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today on behalf of the Defense.1

The Plaintiffs had filed motions to supplement2

the record in the case with the testimony of all of3

the witnesses, and it also disclosed to the Court and4

to the other side the substance of the testimony and5

the reason why they were being called.6

Its my understanding in administrative appeals7

the Court is confined to the record, unless the party8

asks for specific permission to allow certain9

testimony.10

So, I object to it coming in. I had no idea11

that Mr. Ladd would be here today to testify, nor12

what he is going to testify about.13

THE COURT: Well, they did supplement the record14

to get permission to add certain witnesses and you15

have not, I gather?16

ATTY. DENEEN: Well, your Honor, they did17

actually, in fact, move to have Mr. Ladd added,18

deposed and for that was one of their motions that19

was granted in this case.20

THE COURT: You did?21

ATTY. DENEEN: No, Counsel did and they were22

added in there. Part of this, when we go beyond the23

record, Ive got to put my case on in rebuttal to24

what was testified to.25

THE COURT: Well, I understand that.26

ATTY. DENEEN: And Im fairly shocked because,27


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in fact, Counsel took Mr. Ladds deposition in1

preparation for this case with permission of the2

Court.3

ATTY. BISHOP: I filed for permission, your4

Honor, to depose Mr. Ladd. I filed motions for5

permission to present testimony before the Court6

solely of Mr. DiPace, Mr. Tallarita and Mr. Bryon7

Meade.8

I did not ask the Court for permission to have9

Mr. Ladd testify after I had taken his deposition,10

the point being he had nothing to offer.11

ATTY. DENEEN: And after hearing testimony12

before, your Honor, I have a right to put on my13

rebuttal witnesses not knowing what that testimony is14

going to be. There is information Mr. Coppler, the15

Town Manager, is on his way down here now that weve16

heard from the witness indicating that he had alleged17

conversations with Mr. Coppler. I dont know what18

those are until we get to hear.19

If the Court has opened up the record beyond the20

record to allow evidence in there I have the right,21

the due process right to put on my rebuttal witness.22

ATTY. BISHOP: He had the right to take Mr.23

Tallaritas deposition prior to today and he did not.24

ATTY. DENEEN: What does that have to do with 25

ATTY. BISHOP: -- and in this case the scope of26

the evidence is seriously limited by the Practice27


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Book, and its incumbent upon Counsel to ask for1

permission for every witness to conduct discovery and2

to ask for permission concerning each witness and3

what they are going to testify about and why they4

should be allowed to testify about it.5

Im not prepared for Mr. Copplers testimony6

today. I didnt know that Mr. that Attorney Dennen7

was going to call Mr. Ladd.8

ATTY. DENEEN: Your Honor, if I could just 9

ATTY. BISHOP: I mean Ive disclosed our I10

mean in having to do this Ive disclosed I had to,11

basically, months in advance disclose the basis of12

our entire case to opposing Counsel in order to get13

permission from the Court to put it on.14

ATTY. DENEEN: Which never included 15

ATTY. BISHOP: -- and now hes doing it last16

minute.17

ATTY. DENEEN: It never included any reference18

to Mr. Coppler.19

THE COURT: Which what?20

ATTY. DENEEN: Which did not include any21

reference to Mr. Coppler.22

ATTY. BISHOP: He had the opportunity to depose23

Mr. Tallarita and he did not. If he had taken his24

deposition and heard that testimony and then wanted25

to rebut it with Mr. Copplers testimony, that would26

have been a timely thing to do. But to do it today27


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is just not appropriate.1

ATTY. DENEEN: Its inappropriate your Honor,2

the Plaintiff has put their case on in chief. I have3

the due process right to respond to that. Ive heard4

the testimony and Im prepared to put on my5

witnesses.6

THE COURT: Okay. Are you through?7

ATTY. DENEEN: Yes.8

THE COURT: This has already turned out to be an9

unusual case because Ill to be honest with you,10

because of the statements by Ms. Longhi and the11

statements about her and what she said and the12

business with the Hazardville Water Company, among13

other things.14

If I decide, and Im certainly not prepared to15

say that now, to overturn the Planning and Zoning16

Commission, do you want another grounds of appeal,17

number one.18

Number two, and Im not saying Im going to do19

that, I havent because I have some serious20

questions and I will quote some of the law to you,21

which I think is in the briefs anyway.22

On Ms. Longhi or Mrs. Longhi if, in fact, I23

believe that she was biased, and Im not saying I do24

believe that at this point. And if, in fact, I25

believe that I dont want to say the fruit of the26

poisoness tree, but that you poisoned the well, if27


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you will.1

Attorney Deneen has raised some very appropriate2

questions, which is why wasnt that brought out at3

the public hearing. And I know the reasons, I4

understand the reasons why they didnt want to do it.5

They didnt want to tick-off the rest of the members6

of the Commission when they still thought that they7

had a chance to win this thing. And, after all, she8

was only one vote and would she be accepted as to her9

view points and so forth. I understand all of that.10

But the law, as I read it, and this is something11

you could all brief afterwards, is that the12

Commission doesnt have a chance to respond until13

after the decision had been made. They dont have a14

chance to respond at the public hearing because it15

wasnt brought up, and that is a difficult point for16

the Plaintiff here. Im not saying you cant17

overcome it.18

So, also, there is rebuttal whether Attorney19

Deneen had the opportunity to depose Mr. Tallarita, I20

probably should call him Mayor Tallarita, they all21

seemed to be mayor at one time or another; that he22

didnt take advantage of that. Theres no23

requirement that he do so. And so the rebuttal seems24

to me to be allowed on the basis that when things25

come out that maybe havent been said before it seems26

to me Defense Counsel has a right to rebut that27


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evidence just as you would in a regular trial you1

have the Plaintiff going first, you have the2

Defendant going second and then the Plaintiff rebuts3

what he has heard from the Defendant.4

Now, Attorney Bishop, if you are concerned that5

you are not prepared you can put on these witnesses,6

go into the argument and you can have a day until7

tomorrow to come to cross-examine them, if thats8

what you want to do. I think you ought to hear what9

they have to say.10

Before you do that, let me put it this way to11

you, I will allow you to cross-examine and let you12

cross-examine more tomorrow in order to take away any13

prejudice you may have by not having an opportunity14

to prepare the examination.15

I know youve got something in the morning and16

youve got something in the afternoon or vice versa.17

But, this has to be done tomorrow if you want to do18

that. And Im going to allow that and you will have19

to fit it in. Youre on trial and that takes20

precedence, unless, youre going to a funeral or21

going in for a bypass or whatever, this takes22

precedence.23

So, Im going to allow him to put on his24

witnesses. You can take your notes. You can object,25

obviously, you can cross-examine them. But if you26

decide at the end of the day that you want to cross-27


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examine them further after youve reviewed their1

testimony and want to prepare for it Im going to2

allow you to do that so theres no prejudice to you.3

And if you want to do a deposition of them you can do4

the deposition right after court today, Ill allow5

that.6

But, Attorney Deneen you can put on your7

rebuttal or your defense as it may be.8

ATTY. DENEEN: Thank you, your Honor. Mr. Ladd,9

please?10

(witness sworn in)11

THE CLERK: Can you state your name, for the12


THE WITNESS: Charles W. Ladd, L a d d.14


for the record, please, sir?16

THE WITNESS: My address?17

THE CLERK: Yes.18

THE WITNESS: 30 School Street, Enfield,19

Connecticut.20


THE COURT: Welcome to Hartford, Mr. Ladd.22

THE WITNESS: Thank you. Interesting day.23

THE COURT: As I said, this is not the usual24

zoning appeal. Go ahead, Counsel.25


* * * * *27


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C H A R L E S W. L A D D, having been sworn, was examined,1

and testified under oath as follows:2

DIRECT EXAMINATION BY ATTY. DENEEN:3

Q Mr. Ladd, do you currently serve on the Enfield4

Planning and Zoning Commission?5

A I do.6

Q And did you participate in the public hearings and7

deliberation and vote on the pending matters before this8

Court with regard to Villages, LLC?9

A Yes.10

Q Okay. Were you here earlier today when Mr. DiPace11

testified?12

A I was.13

Q And do you recall hearing Mr. DiPace describe a14

conversation that allegedly occurred amongst that you were15

included at with regard to Ms. Longhi?16

A Yes, I heard the testimony.17

Q And do you recall he testified that he thought that18

occurred in 2006 or 2007?19

A Thats what he testified.20

Q Do you recall that he testified that you were present21

during that conversation?22

A Yes, I do recall that he testified to that.23

Q Do you have any recollection of any such24

conversation?25

A Not at all.26

Q Is that the type of conversation that would have27


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stuck out in your mind?1

ATTY. BISHOP: Objection; speculative.2

THE COURT: Excuse me, I didnt hear the3

question?4

ATTY. DENEEN: Is that the kind of conversation5

that would stick out in your mind?6

ATTY. BISHOP: Objection, its speculative.7

THE COURT: That is speculative. Im going to8

sustain that. He says he doesnt have any9

recollection.10

BY ATTY. DENEEN:11

A As I put in a deposition to this young lady that I12

have absolutely no memory of that 13

ATTY. BISHOP: Objection. There is no question14

pending, your Honor.15

THE COURT: That may be stricken. No, offense16

but youre not answering a question at that point.17

THE WITNESS: Oh, Im sorry.18

ATTY. DENEEN: I have nothing further,19

obviously.20

ATTY. BISHOP: Nothing further?21

ATTY. DENEEN: But the questions he was asked he22

says he was not --23

ATTY. BISHOP: Nothing further. I almost feel I24

should apologize for the vigorous objections.25

ATTY. DENEEN: I thought thats where it was26

going to go, but.27


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THE COURT: You may step down, sir, youre1

excused. Next witness?2

ATTY. DENEEN: The Defendant recalls Mrs. Lori3

Longhi?4

THE COURT: Youve had an opportunity to prepare5

for her questioning; right?6

ATTY. BISHOP: I have, your Honor, and I have no7

objection to her as a rebuttal.8

ATTY. DENEEN: Mrs. Longhi, youre still under9

oath.10

THE COURT: Youre still under oath; is that11

what he said?12

ATTY. BISHOP: Yes.13

THE COURT: Okay.14

15

16

17

18

* * * * *19

20

21

22

23

24

25

26

27


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L O R I L O N G H I, having been previously sworn, was1


DIRECT EXAMINATION BY ATTY. DENEEN:3

Q Ms. Longhi, lets start by discussing Harzardville4

Water; you were present when Mr. Meade testified?5

A Yes.6

Q Okay. Did you have any conversations with Mr. Meade7

regarding the Villagess applications that are the subject8

of this appeal, outside of the public hearings that were9

conducted before the Enfield Planning and Zoning Commission?10

A No.11

Q You were here when he testified that you came to his12

office at Hazardville Water Company?13

A Yes.14

Q Is that true?15

A No.16

Q How many times have you been inside the Hazardville17

Water Company building?18

A Once in my life.19

Q When was that?20

A It was in 2007, and it was regarding another21

subdivision.22

Q A subdivision that you were involved with or that was23

coming before the Planning and Zoning Commission?24

A That I was involved in.25

Q As a potential buyer?26

A Yes.27


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Q And where was that conversation held?1

A In his conference room.2

Q In 2007?3

A Yes.4

Q And what was that conversation, you indicated it was5

a subdivision; what subdivision was that?6

A It was subdivision on Post Office Road owned by John7

McCricky(fin) and I was the potential buyer of the property.8

And the property was between Connecticut Water and9

Hazardville Water and so we had to conduct a meeting to find10

out whose water was in control, how much water pressure they11

had and how much you know, how much it would cost us per12

foot to do it. It was a meeting regarding that.13

Q Other than that one time have you ever met face-to-14

face with Mr. Meade?15

A No.16

Q Have you had other occasions in which to go to17

Hazardville Water Company?18

A Yes.19

Q And what happened on those occasions or on that20

occasion?21

A Well, in it was October of this past year.22

Q 2011?23

A Of 2011. I had purchased a property that was in the24

Hazardville Water Company district, and I needed to drop off25

a check. And I asked my son to go into the building for me26

because I knew I had only been in there once in my life and27


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I could safely say thats the only time I ever was inside1

that building. So, he dropped the check off and gave me the2

receipt. I was in the car.3

Q Now, do you recall in your deposition testimony, you4

indicated that you had never heard of or met Mr. Meade?5

A Yes.6

Q And were you mistaken in that?7

A Yes.8

Q And how did you come to understand that you had met9

him this one time?10

A Well, because I didnt know who was in the meeting11

and I made a phone call to find out who was the water12

personnel person that attended that meeting.13

Q And who did you call?14

A I called my father.15

Q And was he present at that meeting, also?16

A He was present at that meeting.17

Q So its your testimony, under oath, that other than18

that one meeting with regard to a different subdivision you19

had not had any face-to-face conversations with Mr. Meade?20

A That is correct.21

Q Did you withdrawn. With regard to your22

relationship with Mr. Tallarita, do you have any ill23

feelings directly personal toward Mr. Tallarita at this24

time?25

A No.26

Q Did you have any ill feelings or bias against Mr.27


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Tallarita at the time that he made this application or the1

Villages made this application?2

A No. No.3

Q Regardless of your feelings pro, con or indifferent4

to the principals or their families of Villages, LLC; were5

you able to set aside whatever those feelings pro, con or6

indifferent and hear this application on its merits?7

A Yes.8

Q Could you set those aside and make your decision9

solely on the basis of the evidence produced at the public10

hearing?11

A Yes.12

ATTY. BISHOP: Objection. He is asking her to13

give an opinion about the ultimate issue in the case.14


ATTY. BISHOP: Hes asking the witness to give16

an opinion about the ultimate issue in the case.17

THE COURT: Well, first of all, its leading.18

Very leading.19

ATTY. BISHOP: That is leading.20

THE COURT: The objection is sustained.21

ATTY. DENEEN: On the basis of leading, your22

Honor?23

THE COURT: Well, on the basis of leading and I24

mean she is obviously testifying that whatever if25

she had any antipathy towards Mr. Tallarita or the26

other parties that didnt enter into her decision.27


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Attorney Deneen, I would be shocked if she said1

it did.2

ATTY. DENEEN: Well, your Honor, thats one of3

the legal standards of whether or not a Commission4

member I mean its

Documents

Trial Transcript