Superior Court Judge Dale Radcliffe recently ruled that the Success Village, a 924-unit residential co-op with 96 separate buildings located in Bridgeport and Stratford, will be placed under the oversight of an independent receiver to manage its assets and finances. The order of the Court noted that the appointment of a receiver was an “extraordinary remedy”, but that the facts and evidence supported the need for such.
The City of Bridgeport and Town of Stratford engaged Attorneys Richard J. Buturla and Bryan L. LeClerc of Berchem Moses PC to represent their joint interests in protecting the several thousand residents of Success Village. The co-op has been plagued with a chronic lack of hot water to the individual units, and has no heating system in place despite the impending cold weather season. There was also proven to be multiple health and fire code violations at the premises, as well as cash resources of the co-op that were “depleted and decimated.”
The application for emergency relief was filed by Buturla and LeClerc on August 15, 2024, and the trial began promptly thereafter. Twenty-one witnesses testified over the next several weeks, in both the Superior Court as well as the United States Bankruptcy Court. Despite the efforts of the then-current Success president to derail the proceeding by seeking bankruptcy protection, quick relief from stay was obtained from the Bankruptcy Court after an emergency hearing.
Facing the potential displacement and relocation of thousands of unit owners due to a total lack of heat, and over the strenuous objection of the Success management, the Court found that an emergency situation existed and that “clear and convincing evidence” supported the “extraordinary relief” requested by the municipalities.
“An emergency situation exists, and prompt remedial action is necessary,” Judge Radcliffe stated.
Buturla argued to the Court that seldom do you get a case that deals with the basic necessities of life- heat and hot water for thousands of people. “This is an extraordinary circumstance, and the 2,000 to 3,000 residents of Success Village deserve heat and hot water, as well as a safe living environment” said Attorney Buturla.
Bridgeport Chief Administrative Officer Tom Guadett added, “Rich Buturla and Bryan LeClerc of Berchem Moses really did such a great job. They’re not only great legal professionals and really handled this case well, but they care about the residents and they kept them informed all along the way.”
Click here for a recording of an interview provided by Gaudet to WICC on September 25, 2024.