Ex-ballpark developers dispute verdict in court

Motions seek new trial in Dunkin’ Donuts Park case

HARTFORD – The original developers of Hartford’s Dunkin’ Donuts Park — who came out on the losing side in court on a claim they were wrongly fired from the project and later, development around the ballpark — are now pressing the court for a new trial or a judge to overrule the jury’s verdict.

Two weeks ago, a six-member jury sided with the city in the high-stakes lawsuit, validating Mayor Luke Bronin’s decision to terminate the developers, Centerplan Construction Co. and DoNo Hartford. The jury also awarded the city $335,000 in damages related to the terminated contract.

In a series of motions filed with the court — separate from an expected appeal — the developers argue they are due a new trial because the courts treated Centerplan and DoNo as one entity. The approach, the filings argue, did not allow DoNo to make its own, separate case.

The filings argue that even though Centerplan CEO Robert A. Landino owns all of Centerplan and some part of DoNo, that “does not provide a basis for the court to conclude as a matter of law that he had operational control of both entities.”

The city ’s updated development agreement in January 2016 — coming after construction ran behind schedule and was over budget — was with DoNo and not Centerplan, according to the filings.

The city had no comment Monday. An attorney for Centerplan and DoNo did not have an immediate comment on the motions or the status of the appeal.

In addition, the filings ask the court to for a “directed verdict,” a ruling by a judge who finds that the evidence presented at a trial would not lead a “reasonable jury” to reach another conclusion.

This argument also leans on the contention that Centerplan and DoNo are separate; but it also notes, among other things, that “no reasonable jury could find that Hartford provided appropriate notice and the opportunity” to address problems that justified the city’s termination.

Another motion also seeks to relieve Centerplan and DoNo of responsibility to pay the $335,000 because the city had already f i nancially benefited from the termination of Centerplan and DoNo.

The legal maneuvering is unfolding as the city is urging the courts to return control of the land around Dunkin’ Donuts Park to Hartford so long-delayed redevelopment can get underway.

The city asked the courts — a day after the jury returned its verdict in the trial — to remove the liens placed on the parcels by Centerplan and DoNo. The city argues the verdict bolsters its contention that the city was justified in terminating the former developers.

A hearing on the city’s motion is scheduled for July 30 in Hartford.

COURANT FILE PHOTO The Hartford Yard Goats are now in their third season at Dunkin’ Donuts Park. But a lawsuit over the termination of the original development deal is still alive, even after a jury on July 2 sided with the city saying it was justified in the firing of the developer.