Petition for Writ of Certiorari — Simmons v. Wetherall

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Supreme Court, U.S.

FILED

98 769 NOV128

—rrict UF THE CLERK

In The

Supreme Court of the United States

October Term, 1998

AUGUSTUS J. SIMMONS,

Petitioner,

HORACE B. WETHERALL, et al.,

Respondents.

On Petition For Writ Of Certiorari

To The Supreme Court

Of The State of Connecticut

PETITION FOR WRIT OF CERTIORARI

Aucustus J. SIMMONS,

Petitioner

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

QUESTION PRESENTED

Question presented for review is the validity of extra-

judicial proceedings of private parties acting “entirely

without jurisdiction and without color of authority” and

a decree of transmogrification from a tort act into an

eminent domain decree by the Supreme Court of Con-

necticut where there was no eminent domain case or

controversy before the court within the meaning of § 2 of

Article III of the Constitution for the “taking” of federal-

aid/federal project/federal grant agreement/federal gov-

ernmental (F.A.A.) physical invasion (airport navigational

servitude allowing public right of access); that is repug-

nant to the Constitution, treaties and laws of the United

States; that resulted in destruction of the use and enjoy-

ment of private property; the federal question remains

whether a governmental entity may constitutionally deny

payment of just compensation to the property owner by

destroying his remedy (Special Act #170 (1969), Simmons

v. Wetherall, #163875 (1970)) to mere invalidation of the

legislative supplement to Connecticut general statutes,

48-17a, b, c; 49 C.FR. part 24 of federal regulations; and

the due process and just compensation clauses of the

Fifth and Fourteenth Amendments of the Federal Consti-

tution.

ii

PARTIES TO PROCEEDING

Petitioner:

Augustus J. Simmons, Landowner

Respondents:

Connecticut Department of Transportation

Aviation & Ports

Alan N. Ponanski, Asst. Atty. General

Office of Attorney General

55 Elm Street

Hartford, CT 06106

Rogin, Lassman, Hirtle, Esq’s

Cityplace

Hartford, CT 06106

Robert S. Bartanowicz

Regional Director

Federal Aviation Administration

12 New England Executive Park

Burlington, MA 01803

James F. Sullivan, Commissioner

Connecticut Department of Transportation

2800 Berlin Turnpike

P.O. Box 317546

Newington, CT 06131-7546

TABLE OF CONTENTS

Page

QUESTION PRESENTED. .............ccceeeceecess i

PARTIES TO PROCEEDING. ...............+0eeees ii

sy) B Ge Mee |) |) > rere rrr ere iii

TABLE OF AUTHORITIES ............ccceesccceees Vv

OPINION BELOW 1 cc ciscccccccccccccvccccsccscees 1

STATEMENT OF JURISDICTION..............++5:: 1

STATUTE AND CONSTITUTIONAL PROVISIONS... 2

STATEMENT OF THE CASE.............00-seeeee: 4

REASONS FOR GRANTING THE WRIT ........... 6

1. Where the command of the Constitution and all

laws of the United States and regulations promul-

gated thereto, mandatory on all states no later

than July 1, 1972 (P.L. 91-646, sec. 221) shall have

the same force and effect in every organized terri-

tory within the United States, may not be set at

naught, or its benefits (compensation) denied by

state statutes or common law rules or by private

parties acting as “the court” engaging in fraud,

duress, deceit, coercion, collusion, bad faith,

harassment, contemptuous disregard for the

mandates of federal grant agreements, acting as

court officers after discharge and withdrawal

from representation are extremely serious consti-

tutional and federal question violations for

review by this court .................-eeeeeeees 6

2. The opportunity to be heard is an essential requi-

site of due process of law in judicial proceedings

and as a state may not, consistently with the

fourteenth amendment, enforce a judgment

against a party without a hearing or an oppor-

tunity to be heard, a fundamental federal ques-

BE WE ME POE, oc cw ccc acccsncducccccuscccenens 10

iv

TABLE OF CONTENTS - Continued

Page

‘3. Where it is exceedingly clear the extra-judicial

proceedings of private parties were acting

“entirely without ju

of authority” and the

which it was mistaken

pellant/owner had the right to ask that

that had never been submitted to or

heard by the Superior Court of competent juris-

stricken from court and land

records as an impediment to a proper disposition

of the suit. Harris v. Hardeman, 14 How. 334, 14

L.Ed. 444.....---

ing, the ap

the decree

diction should be

4. Under the constitution,

sion of 42 U.S.C. § 4655(2) of the Uniform Act,

Connecticut general statute 48-17a, b, c, and, Spe-

risdiction and without color

“damages” suit, #163875, in

ly entered was still pend-

ture, the United States and the Connecticut

Department of Trans

port, are not entitled to possession of the land

until the damages have been assessed and actu-

ally paid ....----

REO eT PTT y Tht te ee 12

and by the express provi-

cial Act #170 (1969) of the Connecticut legisla- ,

portation, sponsor of the air-

nice gid ly Bae BES HA REA PTE ON 15

Ree PPO LETS ETT LT re id oe 18

Vv

TABLE OF AUTHORITIES

Page

CASES

Aldrich v. Kinney, 4 Conn. Rep. 384 (1822)........... 12

Banca Trust v. Westchester, Inc., 108 Conn. 304, 142

Bi I LONG i 6. 4 engine 5 Ka ane an ketene CASA Dake 15

Baltimore & Susquehanna Railroad v. Nasbit, 10 How.

Sy EE soc Saosin seks Vax ene 8A 08s ARSE OHA 15

Ranmen &. Roos, 167 U.S. S99 11897) ann cccesccscccicss 15

Case v. Humphrey, 6 Conn. 130 (1826) .............-- 13

Chicago, Bur. & Quincy R.R. v. Chicago, 166 U.S. 226

SE hens so 6+. scan pas 64 seknee 2k arn sha ie ees 16

City of Columbia, S.C. v. Costle, 710 F.2d 1009 (1983) ..... 7

Coe v. American Fertlizer Works, 237 U.S. 413 (1915) .... 10

Ettor v. Tacoma, 228 US. 148 (1913) ...... ccc cecncens 11

Green v. Louisville & Interurban R.R. Co., 244 U.S.

BI SIA 6 we Xkrns dpkaencneh 46h 06 ees ee Aen eae 11

Garrison v. New York, 21 Wall. 196 (1874)............ 16

Harris v. Hardeman, 14 How. 334, 14 L.Ed. 444

Pins Lenk ia was enhscihde da dannas Cave ee ah nea ee 12

Harris v. L.P. & H. Constr. Co., 441 S.W. 2d 377

NEE 5.6. 5h co wasn cep RWhe hedsh VER SNARE) ORCA ba saee kes 7

Hoberman v. Lake of Isles, 138 Conn. 573, 87 A.2d

eS, |) rn eA Sarge erry ee rm yey Pree 14

Howarth v. Northcott, 152 Conn. 460, 208 A.2d 540

CRE oa Kix 5s re Sa Vek oh 5 bles spk ehh cement eee 14

Jacobs v. United States, 290 U.S. 13, 54 S.Ct. 26, 78

ie FOF CAO ia a ies in aos baa a Bahar ed Com gages 16

i i i

vi

TABLE OF AUTHORITIES - Continued

Page

Louisville & Nashville R.R. Co. v. Schmidt, 177 U.S.

FT PET PT oy en mea mn 10

Mapco Inc. v. Williams, 581 S.W. 2d 402 (1979)........ 8

Monongahela Navigation Co. v. United States, 148

U.S. 312, 13 S.Ct. 622, 37 L.Ed. 463 (1893) ........ 16

Penn Central v. New York City, 438 U.S. 128 (1946) .... 17

Pennoyer v. Neff, 95 U.S. 714 (1877)...............4.. 10

Postal Telegraph Cable Co. v. Newport, 247 U.S. 464

(ROBE ic od vs dbus caneddéwen che eiaeeee 11

Scott v. McNeal, 154 U.S. 34 (1894) .................. 10

Seaboard Airline RY. v. United States, 261 U.S. 299,

43 S.Ct. 354, 67 L.Ed. 664 (1923).................. 16

Simmons v. Wetherall, #163875 (1970) .... 1, 5, 8, 11, 15, 18

Simmons v. Wetherall, 180 Conn. 587 (1980) ..... 1, 6, 14

Simon v. Craft, 182 U.S. 427 (1901) .................. 10

Sioux City Bridge Co. v. Dakota County, 260 U.S. 441

CADEBD « » < aise ate ciple ids Ghd haera an eeeeeneiees 11

Sullivan v. Little Hunting Park, 396 U.S. 243 (1969) .... 12

Tough v. Ives, 159 Conn. 605, 268 A 2d 371 (1970) .... 14

United States v. Causby, 328 U.S. 256 (1946).......... 17

United States v. Klamath & Moadoc Indians, 304 U.S.

119, 58 S.Ct. 799, 82 L.Ed. 1219 (1938) ............ 16 |

United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87

Lill, SED CER no 06 c06n bb smdeve phased Aaa 16 )

Windsor v. McVeigh, 93 U.S. 274 (1876) ........... 10, 13 .

eT |

vii

TABLE OF AUTHORITIES - Continued

Page

STATUTES

IS ode dc tee ce ook St ee 8

Re arte eee ee ee 4

MENG dlins 6o00006dc00 tee cccc en. te 1, 12

| _ERa aE en anR R C Ne 7

SE SIs ban 0 od 0 6 bcbbkscke’senewnnn:, 2, 3, 6 15

pn NE MOE is ob oss cue cad do vad owaddngcwen, 15

Sie oe cok a A Pe 15 a ae aa ee ae 4

et ET Gh odin fd bis bin dewaws Axdales sis Jeet i

PE SEENSICL GC Claas ster ese. Sac ce ene Os 14

LEGISLATIVE MATERIAL

SSRN CREE aes aan aaa a 15, 16

§ 2 of Art. III U.S. Constitution....................... i

Art. I § 11 Conn. Constitution ....................... 2

Amendment V Constitution of United States ......... 2

Amendment XIV Constitution of United States .. 2, 11, 16

MR GES bot a SE bees cd eccsnnscoccect.c... 3 6, 8

PL. 100-17 Title IV, 417, 418 ............ccescoceee... 3

H.R. Rep. No. 91-1656, 91st tach hcnieaaweas 7

OTHER

Lease No. DOT FA74NE-0368........................

Federal Grant Agreement, 9-06-009-5708 so ae 17

27 Am. Jur. 2d 53, eminent domain See 16

OPINION BELOW

The ORDER of the Supreme Court of Connecticut in

Simmons v. Wetherall, et al. #163875, dated September 15,

1998 reads:

The motion of the plaintiff, filed August 5, 1998, “for

permission to file motion to dismiss decrees of private

counsel acting as ‘the court,’ denied by the court below

due to previous rulings by the Supreme Court in Simmons

v. Wetherall, 180 Conn. 587,” having been presented to the

court is hereby ordered DISMISSED.

Said order is printed at Appendix A.

The motion of the plaintiff, dated August 5, 1998, to

the Supreme Court for permission to file motion to dis-

miss, decrees of private counsel acting as “the court,”

denied by the court below due to previous rulings by the

Supreme Court in Simmons v. Wetherall, 180 Conn. 587 — is

printed at Appendix B.

The motion of plaintiff, dated May 8, 1998, to dis-

qualify, dismiss, “pack the bags” of the state attorney’s

office who are — or represent — the world record tres-

passers of thirty-five (35) years - and counting, from

executing void warrants upon additional trespassing — is

printed at Appendix C.

STATEMENT OF JURISDICTION

This court has authority under 28 U.S.C. § 1257 to

review and correct the error of a state Supreme Court

where facts averred in the motion filed shows extensive

extrinsic fraud, by private parties acting as “the court,”

where no mesne process was initiated, argued, or tran-

spired before the court of competent jurisdiction and the

Supreme Court transgressed the due process clause to

render a decree taking private property for public use by

transmogrification of a private tort action, that did not

confer constitutional, statutory or ordinance authority for

the exercise of eminent domain, to deprive a person of a

substantive federal right.

¢

STATUTE AND CONSTITUTIONAL PROVISIONS

The Constitution of Connecticut provides that - “no

person shall be deprived of life, liberty or property, with-

out due process of law.” Art. I § 11.

Amendment XIV, Constitution of the United States

a“

.. nor shall any state deprive any person of life,

liberty, or property, without due process of law; nor deny

to any person within its jurisdiction the equal protection

of the laws.” :

Amendment V, Constitution of the United States

4

_..nor shall private property be taken for public

use without just compensation.” 42 U.S.C. § 4655 (P.L.

91-646-January 2, 1971)

Requirements for uniform land acquisition policies; pay-

ments or expenses incidental to transfer of real property to

state; payment of litigation expenses in certain cases.

Notwithstanding any other law, the head of a federal

agency shall not approve any program OF project which

will result in the acquisition of real property on and after

lh a il lal iain

wiles bait uk aia

(

the effective date of this title, unless he receives satisfac-

tory assurances from such agency that -

(1) In acquiring real property it will be guided, to

the greatest extent practicable under state law, by the

land acquisition policies in Section 301 and the provisions

of Section 302, and

(2) Property owners will be paid or reimbursed for

necessary expenses as specified in Sections 303 and 304.

Amendment of Section 4655

Public law 100-17, Title IV §§ 417, 418, April 2, 1987,

101 Stat. 256, provided that, to take effect on the effective

date provided in regulations promulgated under Section

4633 of this title (as amended by Section 412 of Pub. L.

100-17), but not later than two years after April 2, 1987,

this section is amended by designating existing provi-

sions as Subsec. (a), in Subsec. (a) as so designated strik-

ing out “a state agency” the first place it appears and

inserting in lieu thereof “an acquiring agency” and strik-

ing out “state agency” the second place it appears and

inserting in lieu thereof “acquiring agency,” and by

adding at the end thereof the following new Subsec. (b):

“(b) For purposes of this section, the ‘acquiring

agency’ means -

“(1) a state agency (as defined in Section 4601(3) of

this title, which has the authority to acquire property by

eminent domain under state law,” and

“(2) a state agency or person which does not have

such authority, to the extent provided by the head of the

lead agency by regulation.”

STATEMENT OF THE CASE

This case is an AIRPORT-related case that transcends

back to a 1955 Federal-Aid Grant Agreement between

federal and state agencies wherein the state agency (Con-

necticut Dept. of Transportation) was obligated under the

grant agreement to acquire “satisfactory property inter-

ests” as defined in 14 C.F.R. § 152.3 for what would

ultimately become a navigational servitude imposed

upon the owner by the federal agency (F.A.A.) with the

invasion, appropriation, installation on the surface of the

real property, sophisticated navigational instrumentation

controlling ingress and egress of air traffic at Bradley

Airport, Connecticut’s premier airport in the summer of

1962.

Starting on February 28, 1962 with a tortious course

of conduct, the state agency initiated the first condemna-

tion that was negated by the courts as arbitrary, uncon-

stitutional with procedural problems (153 Conn. 351

(1966)) and was remanded. —

In January, 1968 the state instituted condemnation

proceedings a second time under Conn. general statute

§ 48-12, in lieu of C.G.S. § 15-79 and again the court ruled

the proceeding “null and void”. (160 Conn. 492 (1971))

During the 1969 session of the Connecticut Legisla-

ture, a special act was passed by the general assembly

Ce eee

allowing Augustus Simmons to sue the state for DAM-

AGES over “loss of use of land” arising out of the bum-

bling condemnation proceedings. On January 5, 1970

Plaintiff /Owner Simmons brought such a suit Simmons v.

Wetherall, Docket #163875 which had several hearing

dates scheduled that were all aborted. To date, damages

have not been addressed and the action is still pending.

During the summer of 1974 the federal agency,

F.A.A., without having paid any compensation, intended

to upgrade the navigational servitude with the addition

of a “middle marker” on private property and in lieu of

negotiating a lease with the owner, enters into a lease

with the sponsor of the airport, notwithstanding they had

full knowledge that title reverted back to the owner on

the land records on March 24, 1972 after the second

condemnation was ruled null and void.

In December, 1977, plaintiff retained the firm of

Rogin-Hirtle, Esq’s to represent him upon scheduled days

for hearings in damages before referee Shapiro and the

very first act of private counsel was an attempt to give

the state (and the F.A.A.) “complete insulation from and

absolution from all of its sins” by invalidating the hear-

ings in damages and for which a dismissal, discharge, in

writing, was hand delivered on December 23, 1977. The

discharge of 12/23/1977 was not sufficient to curb the

tortious course of conduct.

Where the matter of subject matter jurisdiction and of

indispensable parties was ARGUED before the court of

competent jurisdiction, Hon. Dupont, A., on June 7, 1982

and the STATE vigorously and vehemently challenged the

superior court with lack of subject matter jurisdiction and

the court, so recognizing, denied compensation from the

slush fund to indispensable parties (VALENTE-

ALLAIRE), yet, did not, would not set aside the void

decree due to a supreme court ruling under Simmons v.

Wetherall, 180 Conn. 587 (1980).

Where the “Slush Fund” monies were allowed to

remain before the court from 1978 to 1991 before return-

ing said monies to the state treasury, signifies FEDERAL

QUESTION VIOLATIONS of the most severe nature,

extending indefinitely the original unlawful, unconstitu-

tional entry by the F.A.A. and the State of Connecticut.

.

REASONS FOR GRANTING THE WRIT

1. Where the command of the Constitution and all

laws of the United States and regulations promulgated

thereto, mandatory on all states no later than July 1,

1972 (P.L. 91-646, sec. 221) shall have the same force and

effect in every organized territory within the United

States, may not be set at naught, or its benefits (com-

pensation) denied by state statutes or common law rules

or by private parties acting as “the court” engaging in

fraud, duress, deceit, coercion, collusion, bad faith,

harassment, contemptuous disregard for the mandates

of federal grant agreements, acting as court officers

after discharge and withdrawal from representation are

extremely serious constitutional and federal question

violations for review by this court.

It is unmistakable from the plain language of 42

U.S.C. § 4655 that the states (and the federal agencies)

PL Mite t CREE AS iy,

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must comply with the land acquisition procedures speci-

fied in 42 U.S.C. § 4651 that will “result in” the acquisi-

tion of real property.

The legislative history of the act makes very clear

that it is immaterial whether . . . federal funds contribute

to the cost of the property. The controlling point is that

the real property must be acquired for a federal or federal

financially assisted program or project. H.R. Rep. No.

91-1656, 91st Cong. 2d sess. (1970), reprinted in 1970 U.S.

code Cong. & Ad. News 5853. The Court of Appeals for

the Fourth Circuit in City of Columbia, S.C. v. Costle, 710

F.2d 1009 (1983) found in relevant part those provisions

require the grant recipient to attempt to acquire the real

property interest through negotiations with the land-

owner, during which the grant recipient must offer the

landowner the full appraised value of the interest.

Where the record is ultra clear the plaintiff /owner

rejected a fraudulent offer by DISCHARGING the attor-

neys representing both plaintiff and defendants on

December 23, 1977, refused to tender any deeds on April

19, 1978, where the INTENT was to force upon plaintiff

an unsavory offer so that ESTOPPEL would preclude

plaintiff from pursuit of damages for DECADES of tres-

Passing ~— or — contest the validity of the taking, no matter

how fundamental the defect in the proceedings, that

upon rejection, the governing principle as ruled by Harris

v. L.P. & H. Constr. Co., 441 S.W. 2d 377 (Mo. App. 1969) is

analoguous and applicable to the case at bar. The Harris,

supra ruling: . . . the trespasser, having no right to remain

on the land is required to cease his trespass and until he

does so is liable for damages on a continuing basis. If the

trespasser is, however, a public utility an additional fac-

tor enters the picture, the welfare of the public. In that

case if the trespassing structure is permanent, and if it is

needed to serve the public or some portion thereof, then

the landowner loses the right to force the removal of the

structure and is entitled and required to recover his dam-

ages, past, present and future for the appropriation, in

one action (but not necessarily in one count). Upon pay-

ment of those damages the public utility acquires an

easement for the continued maintenance of the structure.

See also Mapco Inc. v. Williams, 581 S.W. 2d 402.

That “the court” of private parties was acting entirely

without jurisdiction or color of authority and with delib-

erate malevolence pursuing a course of conduct repug-

nant to the Constitution and Laws of the United States is

in the record to wit: no assessment of damages; no

appraisals as mandated by federal and state law; no

negotiations; no written statements of compensation as

mandated by federal and state law; no notice to necessary

and indispensable parties; no service of process that

would give the Superior Court jurisdiction; no judgment

file, mandatory under practice book where title to prop-

erty is involved; transmogrification of private tort action

Simmons v. Wetherall #163875 does not confer subject mat-

ter jurisdiction; contemptuous disregard for C.G.S.

§ 13b-50, sec. (d) which mandates compliance with rele-

vant federal statutes where federal-aid/federal projects

are at issue; ex parte decree rendered prior to return day of

first Tuesday of July 1978; illegal and malicious backdat-

ing to November 12, 1964 to circumvent the regulations

promulgated pursuant to P.L. 91-646: the submission of

the rejected “slush fund,” after discharge and with-

drawal, to the Superior Court —- that was returned to the

state treasury on December 23, 1991 for reasons the Supe-

rior Court lacked jurisdiction of the subject matter and

indispensable parties; “private parties” were not acting

under color of or authority of any state statute or federal

regulation; in bad faith, spite, ill-will and in retaliation

for discharging counsel the owner/plaintiff was not lis-

ted as a necessary party for service; with deliberate

malevolence, after discharge and withdrawal, placed

encumbrances on the property to “freeze” the property

without any proceedings before the court for resolution;

engaged in a conspiracy and collusion against the owner

with the concealment of land leases of Parcel “C” to the

F.A.A. by the Connecticut Department of Transportation

without notice or compensation was outright fraud;

where deceit, duress, intimidation were exerted to stipu-

late to — violate the law - was fraud; where the MAJOR

FEDERAL ACTION by a federal agency was never men-

tioned or included, never made a party to any of the

proceedings, is fraud by concealment; where, after dis-

charge and withdrawal, a devious scheme is employed to

have the town of East Granby, who were never made a

party to any action before the court, obtain monies from

the “slush fund” for TAXES against the parcel invaded

and appropriated by the F.A.A., forcing the owner to

subsidize the navigational servitude against him; where

the federal agency (F.A.A.) acknowledged putting the

federal funds allocated under the grant-agreement — back

into their general fund, yet, by collusion, conspiracy, bad

faith enter into land-lease agreements with the sponsor

10

(Lease no. DOT-FA74NE-0368) with supplements is inten-

tional and deliberate fraud.

Airport related federal questions affecting a multi-

tude of people warrants review by this court.

2. The opportunity to be heard is an essential req-

uisite of due process of law in judicial proceedings and

as a state may not, consistently with the Fourteenth

Amendment, enforce a judgment against a party with-

out a hearing or an opportunity to be heard, a funda-

mental federal question is at issue.

The opportunity to be heard is an essential requisite

of due process in judicial proceedings. Windsor v.

McVeigh, 93 U.S. 274, 277; Louisville & Nashville R.R. Co. v.

Schmidt, 177 U.S. 230, 236; Simon v. Craft, 182 US. 427,

436.

And a state may not enforce a judgment against a

party without a hearing or an opportunity to be heard.

Pennoyer v. Neff, 95 U.S. 714, 733; Scott v. McNeal, 154 U.S.

34, 46; Coe v. American Fertilizer Works, 237 U.S. 413, 423.

And where, in the case at bar, plaintiff/owner was

not listed or named in the citation, and, where the indis-

pensable parties that were listed in the citation (Vol. 59, p.

661-2) were never served or had notice of a purported

return day of the first Tuesday of July, 1978 at 10:00

o’clock in the forenoon, so it cannot, without disregard-

ing the requirement of due process, give a conclusive

effect to a prior judgment against one who is neither a

party nor in privity with a party therein.

11

It is plain that the practical effect of the judgment,

decree, (waste paper) was to deprive the plaintiff of prop-

erty without affording it at any time an opportunity to be

heard in its defense. The plaintiff asserted an invasion of

its substantive right under the federal Constitution to

equality of treatment with the termination (discharge) of

private negotiators. Green v. Louisville & Interurban R.R.

Co., 244 U.S. 499; Sioux City Bridge Co. v. Dakota County,

260 U.S. 441.

Where the above scenario was attained by an exercise

of police power, in lieu of any state statute or federal

regulation, the transgression of the due process clause of

the Fourteenth Amendment would be obvious. Ettor v.

Tacoma, 228 U.S. 148. The violation is none the less clear

when that result is accomplished by the state judiciary, in

the course of construing an otherwise valid (Simmons v.

Wetherall #163875) legislative enactment, transgresses the

due process clause.

Whether acting through its judiciary or through its

legislature, a state may not deprive a person of all exis-

ting remedies for the enforcement of a right, which the

State has no power to destroy, unless there is, or was,

afforded to him some real opportunity to protect it. Postal

Telegraph Cable Co. v. Newport, 247 U.S. 464, 475-6.

The mere discretionary refusal of the highest state

court to grant review of an extrajudicial decree, that was

never submitted to or acted upon by the court of compe-

tent jurisdiction (Superior Court) does not provide an

adequate state ground. In such circumstances, the deci-

sion of the lower (private parties) court, rather than the

order of the highest court refusing review, becomes the

12

judgment of the “highest court of a state in which a

decision could be had” for purposes of 28 U.S.C. § 1257,

our jurisdictional statute. Sullivan v. Little Hunting Park,

396 U.S. at page 243. (Emphasis added.)

3. Where it is exceedingly clear the extra-judicial

proceedings of private parties were acting “entirely

without jurisdiction and without color of authority”

and the “damages” suit, #163875, in which it was mis-

takenly entered was still pending, the appellant/owner

had the right to ask that the decree that had never been

submitted to or heard by the Superior Court of compe-

tent jurisdiction should be stricken from court and land

records as an impediment to a proper disposition of the

suit. Harris v. Hardeman, 14 How. 334, 14 L.Ed. 444.

Where a FEDERAL QUESTION is present involving

the validity of the extra-judicial act by terminated, dis-

charged, withdrawn private parties acting in bad faith

and harassment of the owner as an extra-judicial court

upon the “total and absolute absence of notice, construc-

tive or implied, within any decent limits of law or rea-

son” who knew or should have known that their

malicious conduct violated the constitutional norm under

the private #163875 tort action, “takes the federal grant/

federal project property of one and gives it to another by

mere force, without right or authority,” without just com-

pensation “made and secured,” deserves NOT the name

of a judgment.

Speaking of determinations, without personal sum-

mons or arrest, it was said by Livingston, J. (Aldrich v.

Kinney), 4 Conn. Rep. at 384 “Perhaps we possess the

power, and I think we do, in extraordinary cases, and

EEE

13

where it is manifest the proceedings have been ex parte, of

considering them as ex ceptions to the general law, and as

not contemplated by the Constitution. Now, no violence

is done to my understanding of this article (in the Consti-

tution) in saying, that it does not embrace a judgment,

which has been rendered against a party, to whom no

Opportunity was offered of contesting his adversary’s

demand, and who, instead of being defended by himself

or by counsel of his own choice, had no other representa-

tive than an old blanket, or a log of wood. A sentence

thus determined, in defiance of the maxim “audi alteram

partem” deserves not the name of a judgment.

From Windsor v. McVeigh, 93 U.S. 274 (1876): “A pro-

ceeding” continued the court, “professing to determine

the right of property, where no notice, written or con-

structive, is given, whatever else it might be called,

would not be entitled to be dignified with the name of a

judicial proceeding. it would be a mere arbitrary edict,

not to be regarded anywhere as the judgment of a court.”

From Case v. Humphrey, 6 Conn. 130, 139 (1826): “The

deficiency of service in Case v. Humphrey, supra arose

from an inadequate affidavit relative to the deportation of

an indifferent person who left Purported process with the

defendant. Since there was no actual service of process,

the ensuing judgment was “extra-judicial and void.” 6

Conn. at 139. Because of this no determination by the

court of the respective rights of the parties was entitled to

legal validity, regardless of when the defendant appeared

to apprise the court of lack of jurisdiction. Where a writ is

a nullity, so that judgment thereon would be incurably

erroneous, it is de facto abated, and even the explicit

14

admission of its validity by the party, never concludes the

court.”

Where the Supreme Court of Connecticut released a

decision on May 13, 1980 under Simmons v. Wetherall, 180

Conn. 587 approving the transfer of the subject property

to the state of Connecticut and the private parties (Rogin-

Hirtle, Esq.) filed a motion with referee Shapiro for dis-

bursement of (slush) funds with a letter dated July 16,

1980, that was received and answered by referee Shapiro

on July 18, 1980, the last two paragraphs ILLUMINATE,

ACKNOWLEDGE the lack of notice to indispensable par-

ties, no return to the Superior Court and the obvious fact

there was no referee submission to the Superior Court

from which a proper appeal could be taken and where the

Supreme Court of Connecticut, by statute, will only

review FINAL JUDGMENTS, this court has the power to

correct such glaring error with a reversal. Ex. # Appendix

D.

Final judgment — 180 Conn. 587 (May 13, 1980)!!!

An appeal to this court may be taken only from 4

final judgment. General statutes § 52-263; Practice Book

§ 600; Tough v. Ives, 159 Conn. 605, 606, 268 A.2d 371;

Howarth v. Northcott, 152 Conn. 460, 462, 208 A.2d 540.

The absence of a final judgment goes to the jurisdiction of

the court. Any appeal which is not from a final judgment

must be rejected even though that issue has not been

raised by the parties. Hoberman v. Lake of Isles, 138 Conn.

573, 574, 87 A.2d 137.

The test whether a judgment is “final” in the sense

that an appeal may be taken from it, lies not in its nature,

15

for the case may still remain in the trial court for further

proceedings, but in its effect as concluding the rights of

some or all of the parties. Banca Commerciale Italiana Trust

Co. v. Westchester Artistic Works Inc., 108 Conn. 304, 307,

142 A. 838.

4. Under the Constitution, and by the express pro-

vision of 42 U.S.C. § 4655(2) of the Uniform Act, Con-

necticut general statute 48-17a, b, c, and, Special Act

#170 (1969) of the Connecticut legislature, the United

States and the Connecticut Department of Transporta-

tion, sponsor of the airport, are not entitled to posses-

sion of the land until the damages have been assessed

and actually paid.

In this 1970 tort suit (Simmons v. Wetherall, #163875)

brought for damages, the question is (was) — “WHAT

WAS COMPENSATION?” It is in the power of the court

and always has been to have the compensation settled

once for all, and to get any benefit which the law attaches

to such a method of ascertainment. Until this is done the

possession is a “continual wrong” — a denial of due

process which is required by the federal Constitution.

From Bauman v. Ross, 167 U.S. at page 599 reads: The

phrase “and the land shall revert to the owners” is not

happily chosen, for, the damages not having been paid,

the title in the land has never passed out of them; but the

clear meaning is that the title to the land shall be held to

have remained in the owner as if no proceedings for

condemnation had been had. This provision secures the

owners from being compelled to part with their lands

without receiving just compensation, and is within the

constitutional authority of the legislature. Baltimore &

16

Susquehanna Railroad v. Nesbit, 10 How. 395; Garrison v.

New York, 21 Wall. 196.

In Chicago, Burlington & Quincy Railroad v. Chicago,

166 U.S. 226, 241 it was held that “a judgment of a state

court, even if it be authorized by statute, whereby private

property is taken for the state or under its direction for

public use, without compensation made or secured to the

owner, is, upon principle and authority, wanting in the

due process of law required by the Fourteenth Amend-

ment of the Constitution of the UNITED STATES, and the

affirmance of such judgment by the highest court of the

state is a denial by that state of a right secured to the

owner by that instrument.

Just compensation means the full, perfect and exact

equivalent, in money, for the property taken, Monongahela

Navigation Co. v. United States, 148 U.S. 312, 3° 5, 13.8. Ct.

622, 37 L.Ed. 463; United States v. Miller, 317 U.S. 369, 63 S.

Ct. 276, 87 L.Ed. 336, rehearing denied, 318 U.S. 798, 63 S.

Ct. 557, 87 L.Ed. 1162; 27 Am. Jur. 2d 53, eminent domain

§ 266. The United States Supreme Court to avoid use of

the term “interest” has stated that where p-operty is

taken before payment is made just compensation includes

an additional sum which is “an amount sufficient to

produce the full equivalent of that value paid contempo-

raneously with the taking.” United States v. Klamath &

Moadoc Tribes of Indians, 304 U.S. 119, 123, 58 S. Ct. 799, 82

L.Ed. 1219; Jacobs v. United States, 290 U.S. 13, 17, 54S. Ct.

26, 78 L.Ed. 142; Seaboard Airline Ry. Co. v. United States,

261 U.S. 299, 306, 43 S. Ct. 354, 67 L.Ed. 664.

Where Special Act #170 was enacted by the legisla-

ture in 1969, specifically for damages, for several years of

17

private property utilization unconstitutionally, without

compensation, and the hiring out, retaining of private

counsel (Rogin-Hirtle) on a restructured contingency

basis was for specific hearing dates, already scheduled,

which upon filing an appearance on December 13, 1977

were immediately INVALIDATED, DESTROYED and the

only weapon at plaintiffs’ command was a DISCHARGE,

DISMISSAL on December 23, 1977, in writing, to destroy,

remove from the arena corrupt and malevolent counsel

that attempted to date a taking back to November 12,

1964, while simultaneously destroying the scheduled

hearing dates for damages. The notice of discharge was

an obvious rejection of the “PICK A NUMBER OUT OF

THE SKY OFFER.”

The invasion, appropriation and installation on the

surface of plaintiff's Parcel “C” of federal navigational

instrumentation by federal agency personnel is analogous

to the appropriation of the use of private property in

United States v. Causby, 328 U.S. 256 (1946). There the

court found a “taking” in the government’s use of air-

space above the claimant’s land as part of the flight

pattern for military aircraft, thus destroying the use of

the land as a chicken farm. “Causby emphasized that

government had not ‘merely destroyed property [but

was] using a part of it for the flight of its planes.’ ” Penn

Central v. New York City, 438 U.S. 128 (1946) quoting from

Causby, 328 U.S. at 262-263, n.7. The F.A.A., through its

Northeast Director of Airport Operations, Charles Water-

man, acknowledged to plaintiff in 1980 that F.A.A. funds

appropriated under the 9-06-009-5708 (1955) grant agree-

ment were put back into their general fund.

18

The return to the state treasury, on or about Decem-

ber 23, 1991 of “slush funds” by the court of competent

jurisdiction, Hon. Arnold Aronson, due to jurisdictional

difficulties was tantamount to a repudiation, reversal of

the Supreme Court edict which can only be reversed by

the Supreme Court of the United States. Ex. # Appendix E.

¢

CONCLUSION

Where it is readily apparent the Simmons v. Wetherall,

#163875 Legislative Enactment is not a statute authoriz-

ing a valid exercise of eminent domain, and the Uniform

Real Property Acquisition Act, and regulations promul-

gated thereto, apply to the necessary legal acquisition for

the servitude imposed upon the owner by the federal

agency, who hides behind unconstitutional leases from

the state, and the controversy is of such broad and special

importance to the public, and, where this unresolved

controversy has had several previous petitions for cer-

tiorari submitted, a review by this court is again being

appealed to.

Previous petitions to the supreme court include:

96-1349; 96-257; 94-1651; 92-1762.

Respectfully submittec,

Aucustus J. SIMMONS,

Petitioner

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

App. 1

APPENDIX “A”

STATE OF CONNECTICUT

SUPREME COURT

NO. HHD CV70-0163875

AUGUSTUS J. SIMMONS

v.

HORACE B. WETHERALL ET AL.: SEPTEMBER 15, 1998

ORDER

THE MOTION OF THE PLAINTIFF, FILED AUGUST

5, 1998, “FOR PERMISSION TO FILE MOTION TO DIS-

MISS DECREE’S OF PRIVATE COUNSEL ACTING AS

“THE COURT,” DENIED BY THE COURT BELOW DUE

TO PREVIOUS RULINGS BY THE SUPREME COURT IN

SIMMONS v. WETHERELL, 180 CONN. 587”, HAVING

BEEN PRESENTED TO THE COURT, IS HEREBY

ORDERED DISMISSED.

BY THE COURT,

/s/ Francis J. Drumm

NOTICE SENT: SEPTEMBER 15, 1998

oe SIMMONS, WALTER E. BASS, JR.

LEWIS, LEWIS & FERRARO RICHARD B. LASCHEVER

KATZ & SELIGMAN

Be M. SCHINDELMAN, RONALD A. STONE

PEARL & GWOREK

ALAN N. PONANSKI,

ASSISTANT ATTORNEY GENERAL

OTTO P. WITT :

CLERK, HARTFORD J.D. (CV70-0163875S)

App. 2

APPENDIX “B”

SUPREME COURT

STATE OF CONNECTICUT

TO THE HONORABLE CHIEF JUSTICE AND

ASSOCIATE JUDGES OF THE SUPREME COURT

DOCKET #163875

AUGUSTUS J. SIMMONS

VS. (AUGUST 5, 1998)

HORACE B. WETHERALL, et al

PLAINTIFF, AUGUSTUS SIMMONS, RESPECTFULLY

SUBMITS:

MOTION TO THE SUPREME COURT FOR PERMISSION

TO FILE MOTION TO DISMISS, DECREE’S OF PRIVATE

COUNSEL ACTING AS “THE COURT,” DENIED BY THE

COURT BELOW DUE TO PREVIOUS RULINGS BY THE

SUPREME COURT IN SIMMONS V WETHERALL, 180

CONN 587.

THE UNDERSIGNED RESPECTFULLY REPRESENTS:

1. He is a plaintiff in the above entitled action.

2. Plaintiff has filed motions to dismiss the decree’s

of private counsel with the Superior Court, Civil Side, on

October 28, 1996; July 31, 1997; July 18, 1998 and with the

Criminal Court on May 8, 1998 and all have been denied

for reason to wit: “In light of the previous rulings in this

matter no further hearings will be scheduled as requested

in your letter.” (Letter to Judge Berger and answer of

Hon. John Langenbach - Ex. #1 & 1a).

App. 3

3. Plaintiff submits five (5) copies of the most recent

Motion to Dismiss dated July 17, 1998 for which permis-

sion is sought, in prayer, of this court for the court below

to act upon. (Ex. #2)

4. Plaintiff submits five (5) copies of the most recent

Motion to Dismiss, with exhibits, dated May 8, 1998, on

the Criminal Side relative to Parcel “A” upon which no

federal-aid is designated and no federal navigational

instrumentation is located, specifically addressing TRES-

PASSING for which permission is sought, in prayer, of

this court for the court below to act upon. (Ex. #3) NOTE

- LISTED AS APPENDIX “C”

5. Plaintiff submits five (5) copies of order of Appel-

late Court order dated April 3, 1992, that is in direct

conflict with State of Connecticut representations to the

Superior Court on June 7, 1982, (Hon. Dupont, A.)

wherein the Superior Court was challenged with lack of

subject matter jurisdiction, consequently, compensation

was DENIED to “indispensable parties” Valente and

Allaire. Where ALL funds (legal or illegal) were subse-

quently returned to the state treasury on or about Decem-

ber 23, 1991, the order of the Appellate Court dated April

3, 1992 denying just compensation, ENJOINING PLAIN-

TIFF FROM CLAIMS FOR JUST CONDENSATION, for

thirty five (35) years of trespassing by state and federal

agencies is absolute, unequivocal unconstitutional justice.

(Ex. #4)

6. Where there was deliberate malevolence associ-

ated with the citation required by § 16-37 to summon the

necessary parties to appear in court, and the owner was

intentionally and maliciously omitted from the citation

App. 4

and the citation is the legal fact upon which the decree by

discharged parties rest, a proper citation is essential to

the validity of the appeal and the jurisdiction of the court.

Where NO HEARINGS were ever scheduled or held by

the Superior Court FOR THE TAKING OF REAL PROP-

ERTY - FOR FEDERAL PROJECTS and the Supreme

Court can only consider appeals from final judgments,

the ruling under 180 Conn 587 is subject to collateral

attack under the Windsor v McVeigh, 93 U.S. 274, 23 LEd.

914 theory that: “The fundamental conception of a court

of justice is condemnation only after hearing. To say that

courts have an inherent power to deny all right to defend

an action and to render decrees without any hearing

whatever is in the very nature of things to convert the

court exercising such authority into an instrument of

wrong and oppression, and hence to strip it of that attrib-

ute of justice upon which the exercise of judicial power

necessarily depends.”

Wherefcure, the undersigned requests, in good faith, the

Supreme Court grant permission to file the Motions to

Dismiss, be heard by the court below

Respectfully submitted,

/s/ Augustus J. Simmons

Augustus J. Simmons, Plaintiff

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

App. 5

CERTIFICATION

Plaintiff, Augustus J. Simmons, hereby certifies a copy

and exhibits of this Motion for Permission to File has

been sent to:

Alan N. Ponanski, Asst. Atty. General

Office of Attorney General

55 Elm St.

Hartford, CT 06106

John Malone, Asst. State’s Atty.

GA 13 111 Phoenix Ave.

Enfield, CT 06082

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

—_—_——____

January 3, 1997

Hon. Marshall K. Berger, Jr.

95 Washington Street EXHIBIT #1

Hartford, CT 06106

Re: Simmons v Wetherall, #163875

Dear Judge Berger,

Pursuant to the recommendation v. your assistant that a

letter be submitted to your attention that the Hon. Julia

Aurigemma — REFUSED - to hear plaintiffs “MOTION TO

DISMISS, DISSOLVE, SET ASIDE REAL PROPERTY

App. 6

ATTACHMENTS UNDER DOCKET #163875” at short cal-

endar #7 (#19) on December 2, 1996, a copy of transcript

is attached to that effect.

Under the due process and just compensation clauses of

the Constitution, plaintiff is entitled to the rational

administration of justice and this letter is in pursuit of the —

denial of such rational administration of justice.

The Simmons v Wetherall, #163875 file has become exceed-

ingly voluminous, for several reasons, primarily because

it is a 1970 “damages” action AGAINST the state that has

never been addressed and the attempt to transform the

private tort action into a substitute for federal regulations

that the state (Department of Transportation) is obligated

to proceed under pursuant to grant agreement

9-06-009-5708 (1955) and C.G.S. 13 b-50, sec. (d) for fed-

eral project real property acquisition.

Plaintiff, Augustus J. Simmons, delayed this letter of

request until the holiday period of Christmas and New

Years has passed, however, the urgency of acting on this

matter needs no further explanations or submissions

beyond the contents of the motion,

The court’s attention is called to the submissions to the

clerk’s office on December 2, 1996 of DISSOLUTION OF

ATTACHMENTS PURSUANT to C.G.S. § 52-327 to be

made a part of The #163875 file, in addition to a MOTION

FOR LEAVE TO FILE A PETITION TO ANNUL ALL

SANCTIONS ASSOCIATED WITH THREE (3) DECADES

OF EMINENT DOMAIN MALFEASANCE, in federal

court, submitted for the #163875 file on December 20,

1996, copies of which are in the possession of A.A.G.

Arnold Shimelman and Otto Witt, Esq. whose appearance

App. 7

in this matter was put “IN QUESTION” by Shimelman

shenanigans.

Plaintiff Simmons requests the presence of Atty. Otto Witt

at all hearings, for continuity purposes, for damages that

plaintiff is constitutionally entitled to (6, Nichols, emi-

nent domain, section 26, 42 [1]; Trumbull v Ehrsam, 148

Conn. 47, 55-56; Simmons v Wetherall #163875), the most

recent motion filed on April 18, 1996 for referral to three

(3) referees and “REFILED” in June 1996, per recommen-

dation of the Office for Appeals.

Without question, just compensation must be applied to

each and every lien-holder on the land records (C.G.S.

§ 48-21), FIRST, and the actions of the court has been and

continues to impose cruel, unusual, extraordinary hard-

ship, in total disregard of the provisions of the Uniform

Real Property Acquisition Act (P.L. 91-646-(1971)), man-

datory on all states no later than July 1, 1972.

In as much as Hon. Aurigemma, J., “passed the buck” on

this matter to the presiding judge (Hon. Berger, M.), a

scheduling for a hearing and decision, as promptly as the

schedule will permit, will be appreciated.

Yours truly,

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

App. 8

CERTIFICATION

Plaintiff, Augustus J. Simmons, hereby certifies that a

copy of this letter to presiding Judge Berger, M., with a

copy of transcript (12/2/96), Docket #163875, has been

sent, parcel post, first class, this 3rd day of January, 1997

to:

Arnold Shimelman, A.A.G.

2800 Berlin Turnpike

P.O. Box 317546

Newington, CT 06131

Otto P. Witt, Esq. & Associates

185 Silas Deane Highway

Wethersfield, CT 06109

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

App. 9

EXHIBIT 1a

SUPERIOR COURT

STATE OF CONNECTICUT

CHAMBERS OF 95 WASHINGTON STREET

JOHN J. LANGENBACH HARTFORD,

ADMINISTRATIVE JUDGE CONNECTICUT 06106

January 31, 1997

Augustus J. Simmons

P.O. Box 1

Windsor, CT 06095

Dear Mr. Simmons:

Judge Berger referred your letter of January 3, 1997 to

me.

In light of the previous rulings in this matter no

further hearings will be scheduled as requested in your

letter.

Very truly yours,

/s/ John J. Langenbach

John J. Langenbach

Administrative Judge

App. 10

EXHIBIT #2

No. CV-70-163875 : SUPERIOR COURT

AUGUSTUS J. SIMMONS : JUDICIAL DISTRICT OF

: HARTFORD/NEW

VS. BRITAIN AT HARTFORD

HORACE B. :

WETHERALL, ET AL. _: JULY 17, 1998

MOTION TO DISMISS FOR FRAUD, DURESS, DECEIT

COERCION, AND CONTEMPTUOUS DISREGARD OF

PRACTICE BOOK RULE 1.16 RE DISMISSALS/DIS-

CHARGES.

FEDERAL STATUTE AND

CONSTITUTION VIOLATION

All of plaintiffs motions, actions, claims derive from

a “common nucleus of operative fact.” United Mine

Workers v Gibbs, 383 US 715, 86 S.Ct. 1130, 16 LEd. 2d 218

(1966). They all arise from the same transaction or occur-

rence — i.e., the invasion of the surface and construction

of navigational aids under federal-aid project

9-06-009-5708 (1955) on plaintiffs Parcel “C” wherein the

state and federal agency (F.A.A.) entered into agreement

to acquire, in fee simple, certain real property interests,

pursuant to federal regulations that imposed upon state

defendants a duty, no later than July 1, 1972, to comply

with the regulations promulgated pursuant to the provi-

sions of Title III of the Uniform Real Property Acquisition

Act. P.L. 91-646 (1971). 42 USC §§ 4601-4655.

INDISPENSABLE PARTIES

The first question which will arrest the attention of

the court, on the face of this record, is that of jurisdiction.

App. 11

It requires no argument to show that the original

complaint (Docket #163875) could not possibly be sus-

tained for want of indispensable parties.

Where the proceedings are, were, so completely at

war with all the rules of law and all the principles which

guide courts of justice in the discharge of their duties, the

want of jurisdiction over parties, in whose absence no

decree could be pronounced, must of necessity cause the

reversal of the decree and dismissal.

In this case, the indispensable parties are so essential

to the merits of the question, and may be so much

affected by the decree, that the court cannot proceed to a

final decision of the cause till they are parties. In truth,

indispensable parties were not parties to the original

complaint. They had no right to answer the original com-

plaint, or make defence against it, and of course no

decree could be made against them upon that complaint.

Indispensable parties are “[p]ersons who not only

have an interest in the controversy, but an interest of such

a nature that a final decree cannot be made without either

affecting that interest, or leaving the controversy in such

a condition that its final termination may be wholly

inconsistent with equity and good conscience.” Shields v

Barrow, 58 US (17 HOW.) 130,146. In Mallow v Hinde, 12

Wheat 198 the court observed when speaking of a case

where an indispensable party was not before the court,

“we do not put this case upon the ground of jurisdiction,

but upon a much broader ground, which must equally

apply to all courts of equity, whatever may be their

structure as to jurisdiction; we put it on the ground that

no court can adjudicate directly upon a person’s right,

App. 12

without the party being either actually or constructively

before the court.”

This court has repeatedly had occasion to determine

that, where necessary parties to complaints could not be

brought into court, by reason of the constitutional limita-

tion on their jurisdiction, the action, not the suit, must be

dismissed.

Court records show a transfer of funds back to the

state treasury on or about December 23, 1991 that should

dispel any validity claims by defendant.

CONNECTICUT PRACTICE BOOK RULE 1.16

A client has a right to discharge a lawyer at any time,

with or without cause and the first of two, handwritten,

hand delivered discharges was made on the “Rogin-Hir-

tle” law firm, acting as “the court” on December 23, 1977,

citing several reasons, which, in the normal case would

have terminated the attorney/client relationship.

The extra-judicial court of Rogin-Hirtle, esq’s were

replaced on January 4, 1978 with Robert King, esq., who

was not permitted to represent plaintiff.

A second dismissal/discharge was submitted to the

Rogin-Hirtle law firm on April 12, 1978 with copies of

notice also to referee Shapiro and A.A.G. Fred Neusner.

When the Rogin-Hirtle firm was rebuffed on tender-

ing any deeds on April 19, 1978, a WITHDRAWAL was

submitted to plaintiff and on April 20, 1978 plaintiff was

made defendant in a lawsuit for counsel fees with the

filing on the public land records at Vol. 59, p. 419 of an

P.J.R. attachment.

App. 13

To strike out, disregard the entire substance and

prayer of a tort action (Docket #163875), and, insert a

new case by way of transmogrification, leaves the record

unnecessarily incumbered with the original proceedings,

increases expenses and complicates the suit. To insert a

wholly different case is not properly an amendment, and

should not be considered within the rules on that subject.

SPECIFIC ACTS of FRAUD, DURESS, DECEIT,

COERCION relied on to support motion to dismiss:

Where, because of the FRAUD and DECEPTION

practiced against owner, he has been prevented from

exhibiting fully his case, by reason of which there has

never been a real contest, no adversary trial or decision

before the court of the subject matter of the suit.

Where, Rogin-Hirtle, esq’s were representing both

plaintiff and defendant, it was extremely harmful error in

permitting the defendant to bring an entirely new and

different action against the defendant under pretext of

amending (combining) two (2) ejectment actions of plain-

tiff, one of which went to judgment 12 months earlier;

two injunction actions by defendant; and one tort action

(Docket #163875) into an eminent domain exercise.

Where, fraud, duress, deceit, corrupt practices were

engaged in by the Rogin-Hirtle law firm to coerce plain-

tiff to sign WITHDRAWAL forms on December 12, 1977,

prior to filing an appearance on December 13, 1977 for

two (2) Federal Court Actions, Docket #H 74-148 and

#14806, a civil rights action remanded by the second

circuit under the pretense no offer could or would be

made until withdrawals are signed was acting in bad

faith and a pre-determined calculated exercise designed

App. 14

to deprive plaintiff of just compensation under federal

statutes and the Constitution.

Where, Rogin-Hirtle, esq’s are retained specifically

for scheduled hearing dates in damages on a restructured

contingency basis and intentionally, maliciously disre-

gard the purpose for which the firm was retained, depriv-

ing plaintiff of constitutionally mandated just

compensation, justified discharge.

Where, appraisals are mandatory under federal and

state law to establish fair market value, the failure to

comply with such pre-requisite, before negotiations, was

a proper reason (listed) in the discharge notice of

12/23/1977.

Where, written statements of compensation are man-

datory under federal and state law, must be submitted to

the court, town clerk and indispensible parties, before

title can be acquired (Stocker v Waterbury, 154 Conn. 446,

451, 226 A2d 514), was sufficient cause in the discharge

notice of 12/23/1977.

Where, after two (2) discharges, a withdrawal on

4/19/78 from all proceedings, a lawsuit against plaintiff

for counsel fees on 4/20/78, the Rogin-Hirtle law firm,

without any authority, standing, right to represent, sub-

mit monies to the court, file supplemental, detrimental

encumberances [sic] on the land records that was “waste

paper,” not having nctified or served indispensable par-

ties; with deliberate malevolence and malice, inten-

tionally do not list the owner for notice or service; who

impose upon the court clerk (Thomas Abraham) to affix a

signature to documents dated June 2nd & 5th, 1978 that

aii aii

App. 15

had a return day of the first Tuesday of July, 1978 is

willful, intentional, deliberate fraud.

Where, not only federal-aid, but, a federal project of

major high-profile importance to the airport determines

the procedures and the law to be applied to the case at

bar, and, the Rogin-Hirtle law firm, also acting as agent

for the state, knowingly, intentionally, with malice, delib-

erately ignore and violate the controlling federal laws,

plaintiff, in order to protect his federally protected rights,

had no alternative but to reject the fraudulent offer,

refuse to tender any deeds, and were told - go pound

sand — on the beach - without a paddle.

The determination of the proper rate of interest,

being a part of just compensation, never discussed, no

record of it even being considered, does not meet or

satisfy the constitutional requirement of just compensa-

tion, was knowingly, intentionally, with malice, bypassed.

The submission of a highway taking map Vol. 17, p.

854 for Parcel “D” of 1. 12 acres for Route #20, on the

public land records of East Granby, CT, after discharges

and withdrawal by the Rogin-Hirtle law firm, without

any assessment filed with the court as required by CGS

§ 13A-73(b) is what the term implies “highway robbery.”

SUPREME COURT - HARMFUL - ERROR

Where, under repeated construction of laws of a

state, consistently acted upon in administrative practice,

a suit in tort (Docket #163875) was the appropriate and

only remedy against two (2) unconstitutional condemna-

tions, violative of the just compensation clauses of the 5th

App. 16

and 14th Amendments of the Constitution, in addition to

the equal protection clause of the Fourteenth Amend-

ment, and the Supreme Court overruling its earlier deci-

sion (160 Conn. 492 (1971)), denies this remedy without

any record before the court that it was even heard or

considered, the purported judgment, decree, piece of

paper, violates due process of law in its primary sense of

an opportunity to be heard and to defend one’s substan-

tive right. Brinkerhoff-Faris 2o. v Hill, 281 WS 673.

Where, on the face of the record there was no assess-

ments of land value, where federal grant agreements are

in existence and controlling; where, there are no written

statements of compensation, that are mandatory under

federal regulations and state statutes; where, no assess-

ment of damages, for which Docket #163875 remains

before the court; where, there is no judgment file for the

reviewing court to examine in such a high profile case; -

such noncompliance, such discrimination violated the

equal protection clause of the Fourteenth Amendment.

Brinkerhoff-Faris Co. v Hill, 281 US 673.

Where, under the due process clause - “the use to be

made of the land taken is necessarily a factor to be

considered in the application of the rule” under 42 USC

§ 4655, the controlling point is that where the intended

use is for a federal or federally assisted program that will

“result in” the acquisition of real property, compliance

with the plain language of § 4655 of the Uniform Real

Property Acquisition Act is required whether or not-

... federal funds contribute to the cost of the real prop-

erty. City of Columbia, S.C. v Costle, 710 F2d 1009 (1983).

App. 17

RELIEF REQUESTED

Because the decree of private parties in this case

(Docket #163875) was void, the encumberance [sic] in

which it was mistakenly entered was still pending, and

the appellant had the right to ask that the entry of such a

decree as had been rendered should be stricken from the

records of the court and the town clerk, as an impediment

to a proper disposition of the suit.

While such an impediment existed, the continued

refusal of the court to vacate the void decree was a final

order determining the rights of the parties in that suit.

Respectfully submitted,

/s/ Augustus J. Simmons

Augustus J. Simmons, Plaintiff

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

CERTIFICATION OF SERVICE

Plaintiff, Augustus Simmons, hereby certifies service

by first class mail, postage prepaid, this 17th day of July,

1998 to:

Alan N. Ponanski, Asst. Atty. General

Office of Attorney General

55 Elm St.

Hartford, CT 06106

John Malone, Asst. State’s Atty.

- GA 13 111 Phoenix Ave.

Enfield, CT 06082

App. 18

Rogin, Lassman, Hirtle, esq’s

City Place

Hartford, CT 06106

James F. Sullivan, Commissioner

2800 Berlin Turnpike

P.O. Box 317546

Newington, CT 06131-7546

Robert S. Bartanowicz

Regional Director

Federai Aviation Administration

12 New England Executive Park

Burlington, MA 01803

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

NO. A.C. 10918

AUGUSTUS J. SIMMONS: APPELLATE COURT

Vv - STATE OF CONNECTICUT

HORACE B. WETHERELL :

ET AL. : APRIL 3, 1992

ORDER

THE MOTION OF THE DEFENDANT-APPELLEE

STATE OF CONNECTICUT, FILED JANUARY 31, 1992,

FOR SANCTIONS, HAVING BEEN PRESENTED TO THE

COURT, IT IS HEREBY ORDERED AS FOLLOWS:

App. 19

PER ORDER OF THE APPELLATE COURT, THE

PLAINTIFF, AUGUSTUS J. SIMMONS, IS HEREBY

ENJOINED FROM FILING ANY APPEALS OR OTHER

PLEADINGS IN THIS COURT CONCERNING THE

SAME CLAIMS AS THOSE WHICH HAVE BEEN LITI-

GATED OR MIGHT HAVE BEEN LITIGATED, IN THE

CONNECTICUT SUPERIOR COURT CASES REFERRED

TO AS SIMMONS V. WETHERELL, DOCKET NO. 163875

(SUPERIOR COURT AT HARTFORD, JAN. 4, 1978, AS

MODIFIED JUNE 2, 1978), AFF’D 180 CONN. 587 (1980),

AND ALL THE CASES CONSOLIDATED THEREWITH,

INCLUDING ANY CLAIMS OF ALLEGED HARM

RELATING TO THE PLAINTIFF’S OWNERSHIP, AT ONE

TIME, OF THE PARCELS OF LAND IN THE TOWN OF

EAST GRANBY AS DESCRIBED IN THE ORIGINAL

AND SUPPLEMENTAL JUDGMENTS IN SIMMONS V.

WETHERELL, DOCKET NO. 163875, SUPRA, AND ALL

CASES CONSOLIDATED THEREWITH.

NOTHING IN THIS ORDER SHALL BE CON-

STRUED TO DENY PLAINTIFF ACCESS TO THE CON-

NECTICUT SUPREME COURT OR TO THE UNITED

STATES SUPREME COURT REGARDING THIS COURT’S

ACTIONS CONCERNING THIS MATTER.

BY THE COURT,

/s/ ANN M. GANNUSCIO

ASSISTANT CLERK —- APPELLATE

NOTICE SENT: 4/3/92

AUGUSTUS J. SIMMONS, PRO SE

ARNOLD SHIMELMAN, ASSISTANT

ATTORNEY GENERAL

CLERK, SUPERIOR COURT, HARTFORD, CV70 163875

HON. MARY R. HENNESSEY

App. 20

APPENDIX “C”

No. CR97-106221 SUPERIOR COURT

No. CR97-0104930

No. CR97-0105048

A

pete eae OF HARTFORD /

NEW BRITAIN

VS. AT ENFIELD

AUGUSTUS J. SIMMONS _ MAY 8,1998

Attn.: Chief Clerk

MOTION TO DISQUALIFY, DISMISS, “PACK THE

BAGS” OF THE STATE ATTORNEY'S OFFICE WHO ARE

~ OR REPRESENT - THE WORLD RECORD TRES-

PASSERS OF THIRTY-FIVE (35) YEARS - AND COUNT-

ING, FROM EXECUTING VOID WARRANTS UPON

ADDITIONAL TRESPASSING.

JUDICIAL DISTRICT

It follows that where the court has no jurisdiction of

the real property, or the person(s), trespass will lie

against the officer for a seizure of the owner under the

pretense of a purported judgment that is not voidable,

not void, but NON-EXISTENT on the court records.

The court and the officer are all trespassers. Wise v

Withers, 7 U.S. 331, 2 L.Ed 457.

RECORD

1. A quarter of a century ago, the courts, federal

and state, the Connecticut legislature, the land records

clearly established trespassing (failure to pay compensa-

tion) had transpired the previous ten (10) years.

App. 21

The Second Circuit Court of Appeals (federal)

472 F2d 509 (1973).

The Connecticut Supreme Court (state) 160

Conn. 492 (1971).

The Connecticut legislature enactment of Special

Act # 170 (1969).

The public land records of the town of East Granby,

CT wherein all previously condemned real property

revert and pass to and vest in plaintiff at Vol. 52, page

242-243 (March 24, 1972) (Defendant Ex. #1).

2. The actor’s failure to remove from land in the

possession of another a structure, chattel, or other thing

which he has tortiously erected or placed on the land

constitutes a continuing trespass for the entire time dur-

ing which the thing is wrongfully on the land and confers

on the possessor of the land an option to maintain a

succession of actions based on the theory of continuing

trespass or to treat the continuance of the thing on the

land as an AGGRAVATION of the ORIGINAL TRESPASS.

3. The AGGRAVATION of the original trespass is

illuminated by the twice (2) discharged private counsel

(Rogin-Hirtle), acting as judicial officers, UNSUCCESS-

FUL exploit to acquire title to the property, with a court

reporter making a record of proceedings (Defendant Ex.

#2).

4. The AGGRAVATION of the original trespass is

extended with the submission of a WITHDRAWAL to the

owner on April 19, 1978 (Defendant Ex. #3).

5. The AGGRAVATION of the original trespass is

further extended with the private counsel sending sheriff

App. 22

after owner for counsel fees, recording same on East

Granby, CT public land records at Vol. 59, page 419

(Defendant Ex. #4).

NO MESNE PROCESS -—- NON-EXISTENT JUDGMENT

6. The AGGRAVATION of the original trespass is

manifest from the submission by the (honest) Chief Clerk

of the Superior Court in Hartford in August, 1979 of the

citation Shelton v Wolthausen, 80 c 599 to the Hon. John

Daly making evident there were NO purported judg-

ments or proceedings, of any nature, before the court.

(Defendant Ex. #5 & #5a). Linda (Cohen) was first assis-

tant in 1979 to Chief Clerk Lucian (Jachomovitz). As the

“undated” note indicates, NO monies was paid to

“Rogin-Hirtle-Salzman” esquires. This notice preceded

Simmons v Wetherall, 180 Conn. 587 (1980).

7. The Superior Court record shows Hon. Judge

Arnold Aronson returning the funds before the court

back to the state treasury on December 23, 1991 for rea-

sons the court lacked subject matter jurisdiction and no

notice or service was ever made on the SEVERAL neces-

sary parties.

NO NOTICE — NO SERVICE

8. The AGGRAVATION of the original trespass is

manifest from a letter to Jason Pearl, Esq. (representing

Rogin-Hirtle-Salzman) from referee Shapiro, dated July

18, 1980, calling attention to the fact “SEVERAL” encum-

berances [sic] are on the land records prior to the date of

the Salzman attachment, acknowledging the fact the

App. 23

Superior Court had no proceedings before it, acknowl-

edging that notice to the various creditors may be (IS)

necessary. This letter was post Simmons v Wetherall, 180

Conn. 587. (Defendant Ex. #6)

LAND RECORDS - EAST GRANBY, CT 1996

9. The AGGRAVATION of the original trespass is

manifest from the recording on the public land records

that NO compensation has been paid to one of several

lien-holders (Thomas P. Byrne, Esq.) whose lien dates

back to 1974, a full quarter of a century, and evidenced at

Vol. 112, page 001-008 (Defendant Ex. #7). Connecticut

eminent domain statute C. G. S. § 48-21 mandates all lien

holders must be paid first, BEFORE the owner.

COMPENSATION

10. Failure to pay compensation is TRESPASSING.

“Adequate provision for obtaining compensation” must

exist prior to any seizure, condemnation, physical intru-

sion, constitutional deprivation, Cherokee Nation v South-

ern Kansas Ry., 135 U.S. 641, 659, 10 S. Ct. 965, 34 L.Ed 295

(1890); see Bragg, v Weaver, 251 U.S. 57, 62, 40 S. Ct. 62, 64

L.Ed. 135 (1919); Pumpelly v Green Bay Co., 80 U.S. (13

Wall) 166, 175, 20 L.Ed. 557 (1871).

11. Damages, a vested property right (see Ettor v

Tacoma, 228 U.S. 148), having accrued over the past thirty-

five years, and CONTINUING, were cast in complaint in

tort (Docket #163 875), on file with the Superior Court in

Hartford, cannot be destroyed or ignored by the state

attorney's office, or any other judicial officer, without a

App. 24

violation of rights guaranteed by the Fourteenth Amend-

ment.

CONCLUSION

12. The allegations and exhibits do set forth an

undeniable, unquestionable, TRESPASS.

NOTICE

13. On April 11, 1998 correspondence was

addressed to Robert Juliano, Director, Airports and Ports

concerning this trespassing with copies to several neces-

sary parties and ERROR was made at the very top of the

page with a date of April 11, 1997. Copies of this motion

are being sent to the same parties requesting a CORREC-

TION of the date to April 11, 1998.

Respectfully submitted,

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

cc: Exhibits

Copies to:

David R. Hinson, Administrator

Federal Aviation Administration

800 Independence Ave. S.W.

Washington, D.C. 20591

Robert S. Bartanowicz, Regional Director

12 New England Executive Park

Burlington, MA 01803

App. 25 in

Vincent A. Scarano, Director of Airports, N.E.

12 New England Executive Park

Burlington, MA 01803

William Sullivan, Commissioner

Connecticut Department of Transportation

2800 Berlin Turnpike, P.O. Box 317546

Newington, CT 06131-7546

Alan N. Ponanski, Asst. Atty. Gen.

55 Elm St., Third Floor Annex

Hartford, CT 06106

Otto Witt, Esq. & Associates

185 Silas Deane Highway

Wethersfield, CT 06109

Chief Clerk, Superior Court

Michael DiDonato (to be made part

85 Washington St. #163875 file)

Hartford, CT 06106

State Attorney’s Office

State of Connecticut Court House

Enfield, CT 06082

Rogin, Nassau, Caplan, Lassman & Hirtle

1 CityPlace

Hartford, CT 06103

App. 26

EXHIBIT #1

VOL 52 - PAGE 242

STATE OF CONNECTICUT

No. 156899

AUGUSTUS J. SIMMONS, OF : SUPERIOR

WINDSOR | COURT

VS.

FRANK C. PARIZEK, OF

WILLINGTON; and EDWARD J.

COADY, OF WEST HARTFORD;

and KINGSLEY GILLESPIE, OF : COUNTY OF

STAMFORD; and HUGH C. HARTFORD

CURRAN, OF BRIDGEPORT; and

ARTHUR S. SACHS, OF ORANGE;

and E. DONALD WALSH, OF

WATERTOWN, all duly appointed

members of the Aeronautics

Commision of the State of : APRIL 16, 1971

Connecticut

a JUDGMENT

PRESENT HON. JOHN CLARK FITZGERALD,

JUDGE:

This action, by Writ and Complaint, dated July 15,

1968, as amended December 11, 1968 and December 20,

1968, and by a Substituted Complaint, dated June 4, 1969,

claiming a temporary and permanent injunction and

other relief, as on file, came to this Court on the first

Tuesday of August, 1968, when the parties appeared, and

thence to September 18, 1969 when the plaintiff filed his

Reply to the defendants’ Answer and Special Defense,

and the parties were at issue as on file.

App. 27

Said cause thence came to the present time when the

Court entered Judgment in accordance with paragraphs 2

and 5 of the plaintiff's Substituted Complaint.

Whereupon, it is adjudged that the Certificate of

Taking filed in the Land Records of the Town of East

Granby in Volume 46, Page 113, is null and void, and that

It is further adjudged that title to the premises

described in the aforesaid Certificate of Taking, as owned

by the plaintiff, revert and pass to and vest in the plain-

tiff.

/s/ Fitzgerald

Judge

STATE OF CONNECTICUT

SS

Hartford County,

I, Thomas H. Abraham, Clerk of

the Superior Court of said State

within and for said County.

HEREBY CERTIFY the forgo-

ing to be a true copy of and

record, of record, of the Judgment

in No. 156899, Augustus J. Sim-

mons vs Frank C. Parizek, et al.

[SEAL]

IN Testimony Wuereor, I have illeg-

ible my hand and the seal of said

Supreme Court at Hartford, in

oo eee eee

App. 28

said County, this 7th day of Sep-

tember, 1971

/s/ Thomas H. Abraham

Clerk

JD 3049 REV 7-71

Received March 24, 1972 at 2:35 P. M.

By /s/ Mariam W. Viets

Town Clerk

Vol. 52 — Page 243

EXHIBIT #2

CLOSING REMARKS of proceedings held on April

19, 1978, at the offices of ROGIN, NASSAU, CAPLAN,

LASSMAN and BORDEN, ESQUIRES, 111 Pearl Street,

Hartford, Connecticut.

APPEARANCES:

Augustus (Ozzie) Simmons

John Kataja

David Salzman, Esq.

Stephen Silverman, Esq.

Ned Rogin, Esq.

Phillip Robbins, Esq.

F. D. Neusner, Esq.

Dennis Cemeriva, Esq.

Robert L. Hirtle, Esq.

App. 29

Reported by:

William G. Crampton

Certified Shorthand Reporter

Notary Public

* * *

[p. 8] delivery of the deeds, of course.

MR. HIRTLE: Mr. Simmons, as I understand it

you don’t want to proceed further with the closing, is that

correct?

MR. SIMMONS: Bob Hirtle, I have the highest

respect for you just like I sent you the letter, I have the

highest and utmost respect for Referee Shapiro and I

further qualified it by saying that I am not going to be a

party to any deal which is going to be coming out and

being made public whereby the Rogin firm and my good

friends here, Dave Salzman and Steve, who I have been

very prone to pick on. It is just not fair to everybody to

have this kind of an arrangement and I am not going to

be a party to it. What the State is attempting to do here is

to say okay let’s date this thing back so their skirts are

clean. They want me to go back and do battle with the

Town over the taxes and I say bullshit to that. We are

going to clear that matter up before there will be any

Goddamned Closing. We are going to get that cleared up

and they are going to be open and above board. I don’t

care if it is Referee Shapiro. Hell, it is everybody and I’m

telling you, everyone at the table, everything is going to

be above board and no dealing is going back to Novem-

ber of ’64.

MR. HIRTLE: You will not sign a deed today to

consummate the closing, is that what I understand?

App. 30

MR. SIMMONS: Because the agreement states

and [p. 9] I have to say if any portion of it is a nullity then

it is a nullity and I am not going to be a party to anything

that is a nullity.

MR. NUESNER: Is that a definite negative

answer? /

MR. HIRTLE: You are instructing counsel not to

proceed with the closing because you consider it to be a

nullity?

MR. SIMMONS: I am going to answer you Bob

by saying that I sent you a certified letter expressing my

position and when I talked to you on the phone, I said to

myself, at least I am going to give them the courtesy of

putting in an appearance today. I think that is a sufficient

answer.

MR. HIRTLE: So I am not to proceed to closing

and you will not sign the deeds today?

MR. SIMMONS: That is correct.

MR. HIRTLE: And the meeting is adjourned.

(Whereupon at 11:44 o’clock a. m. the closing was

adjourned).

App. 31

EXHIBIT #3

NO. 202121-8 : SUPERIOR COURT

STATE OF aoeeonal HARTFORD COUNTY

AUGUSTUS J. SIMMONS __: APRIL 19, 1978

NO. 199230-9

AUGUSTUS J. SIMMONS

VS.

SAMUEL KANELL, ET AL

NO. 140965

STATE OF CONNECTICUT

VS.

ANASTASIA SIMMONS

AUGUSTUS J. SIMMONS

and

CHARLES SIMMONS

NO. 162923

AUGUSTUS J. SIMMONS

VS.

FRANK C. PARIZEK, ET

AL

NO. 163875

AUGUSTUS J. SIMMONS

VS.

HORACE B. WETHERELL,

ET AL

App. 32

MOTION TO WITHDRAW AS COUNSEL

The undersigned respectfully move for the permis-

sion of the Court to withdraw as counsel for Augustus J.

Simmons in the above-captioned matters.

/s/ Robert L. Hirtle, Jr.

ROGIN, NASSAU, CAPLAN,

LASSMAN AND HIRTLE

/s/ David B. Salzman

DAVID B. SALZMAN,

ESQUIRE

/s/ Stephen Silverman

STEPHEN SILVERMAN,

ESQUIRE

ORDER

The foregoing motion is granted /denied.

BY THE COURT

Clerk

This is to certify that the foregoing has been mailed this

day to counsel of record and to the plaintiff.

/s/ Robert L. Hirtle, Jr.

Robert L. Hirtle, Ji.

App. 33

EXHIBIT #4

EX PARTE

DAVID B. SALZMAN, : SUPERIOR COURT

ET AL _ * HARTFORD COUNTY

: APRIL 20, 1978

AUGUSTUS J. SIMMONS :

ORDER GRANTING PRE-JUDGMENT REMEDY

(WITHOUT HEARING)

The Application and Affidavit of Plaintiff(s) for Pre-

judgment Remedy pursuant to C.G.S. Section 52-278a et

seq. as amended, having been presented to the Court and

there being probable cause to sustain the validity of the

Claim of the Plaintiff(s), it is hereby ORDERED that the

Plaintiff(s) may

(a) attach to the sum of $105,000.00 the real estate stand-

ing in the name of the Defendant(s) Augustus J. Simmons

toeated-at as described in Schedule A attached hereto.

Dated at Hartford, CT this 20th day of April 1978

JUDGE

ee

App. 34

EX PARTE

P.J.R. NO.

TO THE SUPERIOR

THE COUNTY OF

APPLICATION FOR PRE-TUDGMENT REMEDY

COURT TO BE HELD IN HARTFORD, IN AND FOR

The undersigned represents:

1. That DAVID B. SALZMAN, STEPHEN SILVER-

MAN and ROGIN, NASSAU, CAPLAN, LASSMAN &

HIRTLE is about to commence an action against

AUGUSTUS J. SIMMONS of 580 Park Avenue, Windsor,

CT pursuant to the attached proposed unsigned Writ,

Summons, Complaint and Affidavit.

2. That there is probable cause that a judgment will

be rendered in such matter in favor of the applicant and

to secure such judgment the applicant seeks an order

from this court directing that the following prejudgment

remedy be issued to secure the sum of $105,000.00

a. To attach the following described real prop-

erty of the Defendant(s) to Wit:

See attached description (Schedule A)

b. To garnishee , as he is the agent, trustee,

debtor of said Defendant and has concealed in

his hands the goods, effects and estate of said

Defendant and is indebted to him.

c. To replevy property described in Exhibit

d. To enjoin the said

App. 35

his/her/their agents, servants or employees

from selling, transferring or encumbering any

interest in and to the above-described real prop-

erty pending further order of this court.

PLAINTIFFS

By /s/ Jason E. Pearl

Jason E. Pearl Attorney

AFFIDAVIT IN SUPPORT OF P.J.R. APPLICATION

I, the undersigned, do make affidavit and say that there is

probable cause to sustain the validity of the Plaintiff’s

claim and

1. That the prejudgment remedy requested is for an

attachment of real property; or

2. That there is reasonable likelihood that the defendant:

[ Ja.

Neither resides in nor maintains an office or

place of business in this state and is not other-

wise subject to jurisdiction over his person by the

Court;

Has hidden or will hide himself so that process

cannot be served on him;

Is about to remove himself or his property from

this state;

Is about to fraudulently dispose of or has fraudu-

lently disposed of any of his property with intent

to hinder, delay or defraud his creditors;

Has fraudulently hidden or withheld money,

Property or effects which should be liable to the

Satisfaction of his debts;

Has stated he is insolvent or has stated he is

unable to pay his debts as they mature.

App. 36

I base this upon the following Statement of Facts:

ffiant [sic] is an attorney at law who rendered legal

services together with the ther [sic] plaintiffs for the

defendant totaling $104,505.00. Defendant has not aid

[sic] the same, despite demand.

/s/ Mlegible

Plaintiff-Competent Affiant

Subscribed and sworn to before me this 19th day of April,

ify...

/s/ Illegible

Commissioner of The

Supericr Court

EXHIBIT 5

Law Offices

jason E. Pearl

19 SOUTH HIGH STREET

POST OFFICE BOX 183

New Britain; Connecticut 06050

Jason E. Pearl Telephone

Kenneth J. Spreyer (203) 229-4603

August 30, 1979

The Honorable John Daly

Superior Court

95 Washington Street

Hartford, CT

App. 37

Re: David Salzman

Vs: Augustus Simmons

Docket No. 218559 8

Dear Judge:

First of all, welcome back from vacation.

While you were away on August 13 I received a

telephone call from one of the assistant clerks advising

me that if I wished to reargue my Motion For Turnover

dated July 25, 1979, I would have to claim it for the Short

Calendar. I was rather taken back by this announcement

inasmuch as my file indicates that you granted the

motion in open court on July 27, 1979. I recall you speak-

ing to me briefly subsequent to that time indicating that

you were going to meet with Mr. Abraham with respect

to the order, but you did not indicate to me that you had

vacated your prior decision. I would assume that for me

to be put into the position of having to “reargue” your

prior decision would have to be revoked. Until that hap-

pens, I really do not know what there is for me to argue.

I would be most.appreciative of your guidance in this

matter.

Yours very truly,

/s/ Jason E. Pearl

Jason E. Pearl, Esq.

JEP/ck

1888

Hearing set up for

9/12/79 at 2:00 p.m.

App. 38

EXHIBIT #5a

Linda

Based on SHELTON v WOLTHAULEN, 80 C 599

(furnished by Lucian) I would have no authority to grant

this motion. Will you kindly notify Jason Pearl regarding

this & if he wishes to argue the matter put it down.

Thanks

EXHIBIT #6

STATE OF CONNECTICUT

LOUIS SHAPIRO SUPREME COURT BUILDING

STATE REFEREE P.O. DRAWER N. STATION A

HARTFORD, CONN. 06106

July 18, 1980

Jason E. Pearl, Esquire

19 South High Street

P.O. Box 183

New Britain, CT 06050

Re: No. 16 38 75

Augustus J. Simmons v. Horace B. Wetherell, et al

Dear Mr. Pearl:

This will acknowledge receipt of your Motion For Dis-

bursement of Funds by Clerk dated July 16, 1980 and

received by me this morning.

Since your phone call to me, I am not certain as to what

steps should be taken in order to make disbursement as

requested by you. Since the amount attached by Atty.

Corer} pene

App. 39

Salzman et als was accomplished by bringing suit, it

would seem to me that before distribution could be made,

that this claim be reduced to a judgment. If there is a

more expeditious way to proceed, I would appreciate

hearing from you as soon as possible.

I'm also concerned about the order of distribution since

the land records, according to your memorandum

attached to your letter, show a list of encumbrances prior

to the date of the Salzman attachment.

Also, in view of the many complications which I antici-

pate, would it not be better to have this issue handled by

the Superior Court? I am not equipped, as a referee to

give notice to the various creditors which I believe may

be necessary. It would seem that your motion could be

handled properly by the Superior Court.

Very truly yours,

Louis Shapiro

State Referee

LS:mcd

cc: Ronald Cassidento, Esquire

William A. McQueeney, Esquire

App. 40

EXHIBIT #7

December 1, 1996

VOL. 112 PAGE 001

Town Clerk

Town Hall

9 Center Street

East Granby, CT 06026

Dear Clerk,

The subject matter of this letter pertains to: DISSOLU-

TION OF ATTACHMENTS PURSUANT TO C.G:.S.

§ 52-327. -

1. Plaintiff-owner-interested person Augustus J.

Simmons requests the following listed encumberances

[sic] be endorsed on the record of such attachment with

the words “DISCHARGED BY OPERATION OF LAW”

pursuant to Connecticut General Statute § 52-327.

2. The attachments on the public land records under

the caption of Augustus J. Simmons v Horace B. Wetherall,

CV-70-163875 by private counsel, without any eminent

domain proceedings in existence-or-initiated for attach-

ment purposes, without any notice or service of process

on interested parties, without any return of service to the

court of competent jurisdiction (Superior Court) prior to

or after the attachment, and, without appraisals to estab-

lish fair-market value that are mandatory, including a

transfer of title under plaintiff’s private tort action,

Docket #163875 are:

Vol. 59, p. 657-668

Vol. 59, p. 654-656

Vol. 59, p. 623-626

Map Book 17, page 853

Map Book 17, page 854

App. 41

3. Included in Vol. 59, P. 657-668 is a citation at page

661-662 of names of parties and institutions to be served

with notice with a return day of the first Tuesday of July,

1978.

4. Vol. 59, p. 661-662 DOES NOT list Augustus J.

Simmons for notice and service, however, he is still an

“interested person,” — he just happens to be the owner.

5. That there was NO officer’s service on any par-

ties, NO written return of his (officer’s) precept to the

court of competent iurisdiction (Superior Court) and NO

compensation paid is evident in a letter from Atty. Tom

Byrne, a copy being submitted as an exhibit showing an

encumberance [sic] at Vol. 55, page 731 (1974) of East

Granby land records (also listed in the citation at Vol. 59,

P- 661-2) that is still outstanding.

The listed attachmerits in item #2 were recorded on

June 2nd and 5th of 1978 which is a much longer period

than FIFTEEN YEARS fiom date of attachment.

6. The interested person (owner) submits a sworn

testimonial from Atty. Walter Bass before Hon. Dupont,

A. on June 7, 1982 representing “Valente’s” and

4 “Allaire’s” with outstanding liens at Vol. 58, Pp. 95; Vol. 58,

P. 221; 59/253; 59/263; 59/266 (trans. p. 26) tirat states.

“Your Honor, in Mr. Feingold’s recitation that he

gave Your Honor this morning, I forget which paragraph

he referred to in Judge Shapiro’s decision, there was to be

a citation issued so that all people would come forth and

present their claims. I have a right to inform the court

that in the citation, my two clients were listed under the

care of my office. I will state to the court that I have never

App. 42

been served any citation nor has my clients even been

served with any kind of citation to give us any notice to

come in to determine what our priorities are in this

matter.”

The above citations of Valente and Allaire are (also

listed in the citation at Vol. 59, p. 661-2).

7. The caption Simmons v Wetherall, #163875, a tort

action AGAINST the state, a result of special Act #170 of

the 1969 legislature. CANNOT be TRANSMOGRIFIED

into an eminent domain action by superimposing the

Connecticut Department of Transportation as plaintiff_

(Vol. 59, p. 662), by private counsel, for land acquisition

for federal navigational instrumentation projects, per fed-

eral grant agreement 9-06-009-5708 (1955), that must be

acquired pursuant to federal regulations, constituting a

fraudulent encumberance. [sic]

8. Under the law of Connecticut, any lien created by

attachment continues for 60 days after judgment and no

longer. If no execution is taken out before that time, the

lien perishes. Sanford v Pond, (1871) 37 Conn. 588.

9. Where it is unambiguously clear there was no

notice, no service, or, return to the court of competent

jurisdiction, no judgment file or record of any kind before

the court of competent jurisdiction under Docket

#163875, and, the listed return day was the first Tuesday

of July, 1978 (Vol. 59, p. 661) and the attachments were

submitted on June 2nd and 5th of 1978, some of which

contained a court stamp of the Court Clerk (Thomas H.

Abraham) of Superior Court to give the appearance of

authenticity to the public is FRAUD upon the court, the

App 43

public, and the “interested persons” named in the cita-

tion.

Court records show the succeeding Chief Clerk,

(Lucian Jachomovitz) informing Hon. Judge John Daly in

August, 1979 there were NO Proceedings before the Supe-

rior court, consequently the Superior Court was without

jurisdiction to act, referencing the citation of Shelton v

Wolthausen, 80 c 599.

10. Court records show a motion filed with Judge

Aronson by plaintiff-owner-interested person (Simmons)

that jurisdiction could not be created “sua sponte” in

December, 1991 relative to the notice from the court to

Atty. Tom Byrne, and others, and as a result of said

motion the “slush fund” monies being held under the

direction of the court were ABANDONED.

11. Unquestionably, there is years, not months or

days beyond the statutory fifteen (15) years referenced

and “DISCHARGED BY OPERATION OF LAW” is the

purpose and request of this letter.

Respectfully submitted,

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

cc: Exhibits

f PP: 44

CIVIL ACTIONS

Title 52

§ 52-327. Duration and release of attachment liens on

real estate

No attachment of real estate shall continue in force as

a lien for a longer period than fifteen years after the date

thereof unless within said period the action in which such

attachment was made has been prosecuted to effect and a

judgment lien filed according to law. All attachments of

real estate which have expired as a lien by the provisions

of this section shall be deemed dissolved and the real

estate shall be free from any lien or encumbrance by

reason of the same and the town clerk of the town in

which such real estate is situated shall, upon the request

of any person interested, endorse on the record of such

attachment the words “discharged by operation of law.”

(1949 Rev., § 8026.)

CERTIFICATION

Plaintiff-owner-interested person hereby certifies that a

copy of this Request of Dissolution Pursuant to C.GS.

§ 52-327 will be —- hand delivered to:

Chief Clerk

Superior Court (To be put in Simmons v

95 Washington St. Wetherall, #163875 file)

Hartford, CT 06106

oe

IE AI Nc 8 nas Ee RO elm - “

Bo ht AIC OER Nitin, CARI tt

App. 45

Will be mailed, postage prepaid, first class to:

J. William Burns, Commissioner

Connecticut Department of Transportation

2800 Berlin Turnpike, P.O. Box 317546

Newington, CT 06131-7546

Atty. Tom vrne

2-E Farming on Commons

790 Farming:on Ave.

Farmington, CT 06032

Otto P. Witt, Esq. & Associates

185 Silas Deane Highway

Wethersfield, CT 06109

Robert S. Bartanowicz, Regional Director

Federal Aviation Administration

12 New England Executive Park

Burlington, MA 01803

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

App. 46

December 1, 1996

Chief Clerk

Superior Court

95 Washington St.

Hartford, CT 06106

Dear Michael,

The attached “Dissolution of Attachments Pursuant to

C.G.S. § 52-327” filed under the caption of Simmons v

Wetherall, #163875 is being submitted to be made part of

the #163875 “damages” file.

Respectfully submitted,

/s/ Augustus J. Simmons

Augustus J. Simmons

P.O. Box #1

Windsor, CT 06095

(860) 569-6714

eee ate ee Ore e Oe eae

App. 47

LAW OFFICES

BYRNE & BYRNE

2-E FARMINGTON COMMONS

790 FARMINGTON AVENUE

FARMINGTON, CONNECTICUT 06032

THOMAS P. BYRNE TELEPHONE

STEVEN E. BYRNE (203) 677-7355

25 November 1996

Augustus J. Simmons

P.O. Box 1

Windsor, CT 06095

Dear Ozzie,

The only activity of which I am aware with respect to a

mortgage dated July 3, 1974 as recorded in Volume 55

Page 731 of the East Granby Land Records is notice of a

hearing to be held before Arnold Aronson, Judge of the

Superior Court, on December 23, 1991 to determine the

disposition of funds.

Enclosed herewith is a copy of the notice which I received

from the court as wel! as a copy of a letter to me dated

December 19, 1991 from Attorney Walter E. Bass, Jr. I did

not attend the hearing of December 23, 1991.

No payments have been received by me on this mortgage.

Very truly yours,

/s/ Thomas P. Byrne

Thomas P. Byrne

TPB: pwb

Encl

App. 48

AUGUSTUS J. SIMMONS VS.

WETHERALL, [sic] DEP COMR CV-70-0163875-S

ALL COUNSEL AND PRO SE PARTIES ARE ORDERED

TO APPEAR BEFORE THE HONORABLE ARNOLD

ARONSON ON MONDAY, DECEMBER 23, 1991 AT 9 30

A.M. IN ROOM 111 AT HARTFORD SUPERIOR COURT,

95 WASHINGTON ST., HARTFORD, CT. A MOTION BY

THE COURT TO DETERMINE THE DISPOSITION OF

FUNDS WILL BE HEARD.

A COPY OF SAID MOTION WILL BE SENT TO ALL

COUNSEL AND PRO SE PARTIES UNDER SEPARATE

COVER.

KAREN PICKER

ASSISTANT CLERK

WALTER E BASS JR

P. O. BOX 289

EAST WINDSOR CT 06088

SUPERIOR COURT

95 WASHINGTON STREET

P.O. DRAWER D, STATION A

HARTFORD, CONNECTICUT 06106

DATED DEC 05, 1991

Illegible

App. 49

Law Office of

Walter E. Bass, Jr.

P.O. Box 289

Warehouse Point, Conn. 06088

Tel. 623-8688 Juris Number 02450

December 19, 1991

Attorney Thomas Byrnes [sic]

790 Farmington Avenue

Farmington, CT 06032

RE: Augustus J. Simmons

vs.

Horace Wetherell, et al

Dear Attorney Byrnes [sic]:

Please be informed that my office represents several cred-

itors of Mr. Augustus J. Simmons. Please be informed that

Judge Arnold Arsonson is holding a hearing on Decem-

ber 23, 1991 at 9:30 a.m. in Courtroom 111 at Hartford

Superior Court. Enclosed please find a copy of a Notice

which my office has received concerning this hearing. I

would like to inform you, that I do believe that you have

an interest in this case. I request that you be present at

this hearing.

App. 50

If you have any questions, please feel free to contact my

office.

Respectfully,

/s/ Walter E. Bass, Jr.

Walter E. Bass, Jr.

WEBJr. /mf

RECEIVED DECEMBER 2, 1996 AT 8:30 A.M.

BY /s/ Laura B. LaFond

ASS’T. FOWN CLERK

Received 12/2, 1996

at 8:30A.M.

Recorded in EAST GRANBY LAND

RECORDS

Volume 112 Page 001

By /s/ Laura B. LaFond

Ass’t. Town Clerk

Augustus J. Simmons

P.O. Box 1

Windsor, CT 06095

|

|

.

App. 51

APPENDIX “D”

STATE OF CONNECTICUT

LOUIS SHAPIRO SUPREME COURT BUILDING

STATE REFEREE P.O. DRAWER N. STATION A

HARTFORD, CONN. 06106

July 18, 1980

Jason E. Pearl, Esquire

19 South High Street

P.O. Box 183

New Britain, CT 06050

Re: No. 16 38 75

Augustus J. Simmons v. Horace B. Wetherell, et al

Dear Mr. Pearl:

This will acknowledge receipt of your Motion for Dis-

bursement of Funds by Clerk dated July 16, 1980 and

received by me this morning.

Since your phone call to me, I am not certain as to what

steps should be taken in order to make disbursement as

requested by you. Since the amount attached by Atty.

Salzman et als was accomplished by bringing suit, it

would seem to me that before distribution could be made,

that this claim be reduced to a judgment. If there is a

more expeditious way to proceed, I would appreciate

hearing from you as soon as possible.

I’m also concerned about the order of distribution since

the land records, according to your memorandum

attached to your letter, show a list of encumbrances prior

to the date of the Salzman attachment.

App. 52

Also, in view of the many complications which I antici-

pate, would it not be better to have this issue handled by

the Superior Court? I am not equipped, as a referee to

give notice to the various creditors which I believe may

be necessary. It would seem that your motion could be

handled properly by the Superior Court.

Very truly yours,

Louis Shapiro

State Referee

LS: med

cc: Ronald Cassidento, Esquire

William A. McQueeney, Esquire

App. 53

APPENDIX “E”

CV-70

CASE NO. 16 38 75

AUGUSTUS SIMMONS : SUPERIOR COURT

vs. ‘ HARTFORD JUDICIAL

HORACE WETHERALL, . DISTRICT

ET AL - OCTOBER 15, 1991

MOTION TO TRANSFER FUNDS

Since 1978 the Clerk’s Office has been the Custodian

of moneys deposited in the above case. The money was to

be paid out upon consumation [sic] of a transfer of cer- ©

tain real estate by the named plaintiff. Such a transfer has

not yet occured. [sic]

Attached to this motion are memos from the Trea-

_surer of the State of Connecticut and from the Court

Operations Unit of the Judicial Branch in explanation of

this motion. The Clerk’s Office requests the granting of

this motion to transfer.

/s/ Lucian J. Jachimowicz

LUCIAN J. JACHIMOWICZ

CHIEF CLERK

[Off - parties have met 11/8/91 and will work out a

stipulation to be presented to the court for the with-

drawal of all funds and closing of file.

/s/ Aronson, J.J. 11/8/91]

HANDWRITTEN NOTE OF 11/8/91

App. 54

The court, having heard ther [sic] parties, grants the

motion.

Judge

ROTA ALOR PEON a

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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