nothin New Haven Independent | Cooke-DaRos Settlement Now On Fast Track

Cooke-DaRos Settlement Now On Fast Track

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The town is now moving swiftly to sew up two lawsuits brought by landowner Wayne Cooke against Unk DaRos, the former first selectman, and Town Assessor Barbara Neal.

After abruptly pulling the two cases from the Board of Finance (BOF) agenda Oct. 6., Town Attorney Bill Aniskovich is now preparing a new round of special town board meetings as he seeks final approval for a controversial settlement of the cases — - before Thanksgiving arrives. The town and Cooke agreed to a settlement agreement , filed n U.S. District Court on Sept. 22 and approved by the judge. If the town boards reject the settlement, then either a summary judgment motion will be resurrected or the cases will go to trial. 

The BOF agenda asks the six-member board to vote to recommend to the Representative Town Meeting (RTM) an increase in the general fund budget of $250,000 in order to fund the settlement. In addition to these town funds, the town’s insurer will provide an additional $250,000 towards the settlement, which will end both cases against the town officials. DaRos retired in 2013; Neal remains the town assessor.
 
As before, the Cooke item has been fast-tracked. This time three special meetings will be held over five business days as First Selectman Jamie Cosgrove and Aniskovich seek to conclude the lawsuits. 

The first series of meetings will be held on Tuesday, Nov.18, when the settlement discussion, to be held in executive session, is brought before the Board of Finance. The BOF meeting will take place at the Community House. 46 Church Street at 7:30 p.m. While the discussion takes place in private, the vote taken is public.

According to Dennis Flanagan, the moderator of the RTM, who outlined the meeting schedule at the RTM meeting last week, the Board of Selectmen (BOS) will also vote Tuesday, Nov. 18 — if it schedules a special meeting. The regular BOS meeting is scheduled for Wednesday, but Flanagan said the BOS would meet in special session Tuesday, presumably before the BOF meets.

Late today, Cosgrove’s office sent out the BOS agenda for the special BOS Tuesday meeting, now scheduled for 6 p.m. at the Community House. The agenda says that the BOS will discuss and approve a settlement of certain tax appeals” filed by Cooke against the town. It will also vote on the proposed settlement in the two Cooke cases. The BOS will also vote on the insurance carrier’s $250,000 payment related to the two cases. 

Lastly, on Monday, Nov. 24, the RTM will hold a special meeting to vote on settling the cases. Approval by the RTM is the final step.

Settlement Documents Needed

At the time the Oct. 6 Board of Finance meeting was scheduled none of the six members of the board had received any documentation explaining the proposed settlements and an additional town proposal that would waive $200,000 in Cooke’s back taxes.

Cooke has not paid taxes or interest during the duration of these lawsuits and while his property cases against the town were pending. The town is not insured for property tax appeals, so the $250,000 the town kicks in is believed to involve the property tax cases. Cooke’s property tax cases are separate from two cases he filed against DaRos and Neal. DaRos has openly opposed the settlement. Click here to read about that.

Joseph Mooney, the BOF chair, told the BOF in October that Aniskovich sought to postpone the meeting because the paperwork regarding the cases was not complete. Presumably the boards will now have the paperwork. 

The lawsuit filed in U.S. District Court claims DaRos and Neal violated Cooke’s civil rights when Neal removed Cooke’s farm status and benefits because he had not been farming various parcels of land for years. As tax assessor she is entitled by law to make that call. Cooke also filed a defamation lawsuit against DaRos in state court in 2012 alleging that at a 2010 meeting of the BOS, DaRos accused Cooke of attempting to bribe him in 2006. In 2006 DaRos was not the first selectman.

The defamation allegedly involves Costco. A settlement of the case would also increase the chances of the Costco Company buying Cooke’s land to build a new store. Cooke’s land is located off Exit 56 at I‑95. One of Cosgrove’s campaign promises more than a year ago was to bring a Costco to Branford. Click here to read about a 37-acre Costco Plaza plan unveiled last year, a plan that includes sections of Cooke’s property. 

While nothing so far has been explained to the town’s boards, towns settle lawsuits for various reasons.

In this case, a new Republican administration appears to be looking to put behind the town a controversy that has dominated public discussion for years.

Sometimes it costs more to fight a lawsuit than it is worth, especially if appeals are involved. Sometimes insurers are reluctant to put a case before a jury if a town is involved. Sometimes the costs to settle are far less than the cost of trial, or in this case, two trials, one in federal court, one in state court.

Cooke is represented by the Marcus Law Firm, former town counsel during the Cheryl Morris administration. David Doyle, who, along with the firm faced a town malpractice suit, achieved the settlement on Sept. 22, pending agreement from the town’s major boards. Presumably the Marcus Law Firm took the Cooke cases on a contingency basis and would now receive part of the settlement proceeds. 

While the town’s boards have yet to meet to determine final approval of the proposed settlement, a notice of the settlement agreement was filed in U.S. District Court on Sept. 22 and approved by the judge. The filing constitutes an administrative dismissal, which will be reversed if all of the approvals are not forthcoming. It is common for the federal courts to proceed in this manner when counsel report that an agreement has been reached, but is subject to approval,” the town’s insurance attorney recently told the Eagle.
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