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SMALLS v. IVES

Civ. No. 12609.

296 F.Supp. 448 (1968)

Elizabeth SMALLS v. Howard S. IVES, Individually and as Highway Commissioner of the State of Connecticut.

United States District Court D. Connecticut.

November 8, 1968.

Attorney(s) appearing for the Case

Stephen L. Fine, Westport, Conn., Jonathan W. Lubell, Lubell & Lubell, New York City, for plaintiff.

Robert K. Killian, Atty. Gen., Jack Rubin, Clement J. Kichuk, Asst. Attys. Gen., Hartford, Conn., for defendant.

Before SMITH, Circuit Judge, and BLUMENFELD and CLARIE, District Judges.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

Plaintiff brings this suit to challenge the constitutionality of Conn.Gen.Stats. § 48-23 because on its face it allows the state to be put into possession of condemned property (1) without requiring prior notice and a hearing for occupants on the land and (2) without requiring that the state first provide suitable relocation housing.1 Jurisdiction is based

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