The Register Citizen (Torrington, CT)
Yankee Pedlar owner loses bid
Torrington officials now will move forward with requesting appointment of a receiver for the historic inn property
TORRINGTON — With a nod from a Torrington Superior Court judge, city leaders can move forward with making a nonprofit agency the receiver for the Yankee Pedlar Inn.
City officials, led by Mayor Elinor Carbone and city attorney Kevin Nelligan, asked the state to allow them to take receivership of the historic Main Street property, to prevent further deterioration and begin remediation so the property could be sold. The owners, Jayson Hospitality, wanted the request denied.
“The Defendant’s motion to dismiss the case was denied,” Carbone said in an email. “Next step is to get our request for the appointment of a receiver back on the court docket and let the judge rule on the application. We will be meeting with Attorney Nelligan to discuss the filing that is required to accomplish that.”
The owners are represented by attorney Edward O’Connell with the law firm Waller, Smith & Palmer PC in New London. O’Connell did not respond to a request for comment on the judge’s decision.
Torrington is using Public Act 19-92, CGA 8169AA, which allows a municipality with a population of more than 35,000 people to petition for receivership. In this case, the city then can rehabilitate a building and prepare it for sale or return it to the owner. The
city’s expenses to do the work would be reimbursed either by the sale of the property or by the owner, Carbone said at the time.
Torrington Superior Court Judge Ann E. Lynch made her ruling Oct. 24. According to court documents, “In any municipality with a population of thirty-five thousand or more a party in interest may file a petition for the appointment of a receiver to take possession and undertake rehabilitation of a building within such municipality which petition shall be filed in the superior court for the judicial district in which such building is located.”
The owners asked the judge to dismiss the city’s request to become a receiver of the property using Public Act 19-92, based on their claim that Torrington’s population is fewer than 35,000.
But according to connecticutdemographics.com, the city’s latest population report is 35,357. Census.gov reports the same number for 2021.
A 2019 report from Census.gov reported Torrington’s population at 34,066.
“The 2021 Connecticut Register and Manual relies upon the 2014 estimated population for Torrington made by the Connecticut Department of Public Health. The 2020 United States Census and the Connecticut Department of Public Health July 1, 2020 estimate both provide that the population of Torrington is over 35,000. Because agreed upon evidence shows that Torrington has standing ... to proceed with this matter, the defendant’s motion to dismiss is denied,” Lynch wrote.
“Connecticut General Statutes 8-169aa does not specify what population source should be used in determining if a city is large enough to bring an action under said statute. Ambiguities in act should be construed broadly in favor of entities seeking redress there under. McWeeny v. Hartford, 287 Conn. 56, 70, 946 A.2d 862 (2008),” Lynch wrote.
Carbone first announced the idea of using the public act in 2021, and said the Torrington Development Corporation, a nonprofit, could be put in charge of the inn as the receiver. Appointed by the state, a receiver in this case would oversee the preventative work and maintenance of the inn.
Using Public Act 19-92, “an act concerning abandoned or blighted property receivership,” allowed Torrington to make this request. The legislation includes properties like the inn, which has been vacant since it was sold, and the condition of the building.
The Yankee Pedlar Inn, first known as the Conley Inn, originally opened in July 1891 by Frank and Alice Conley. It is part of Torrington’s downtown district and is listed on the National Register of Historic Places.
Jayson Hospitality bought the inn in 2014. In 2017, the company hired local contractors to begin renovations, saying the inn would soon reopen. Not long after that, Planning and Zoning Commission members approved upgrades to the historic structure at 93 Main St., and plans for a compete renovation of the building were revealed, including new signs, parking upgrades, new interior electrical systems, plumbing and other improvements.
But the work was never completed, and the hotel remains vacant. After incidents including burst pipes, trespassing and vandalism over the last two years, the actual structural safety of the inn is a concern, Carbone said recently.