Moreover, under this standard it is "the plaintiff [who has] the burden of establishing that the taking . . . was unreasonable, in bad faith or an abuse of power." Hall v. Weston, 167 Conn. 49, 66, 355 A.2d 79 (1974); accord Pequonnock Yacht Club, Inc. v. Bridgeport, supra, 598; Gohld Realty Co. v. Hartford, supra, 146. The trial court, of course, makes the first judicial assessment of the legislative or agency determination of necessity.
A showing that, since Leis, doubts about the drug had been resolved in its favor beyond reasonable scientific dispute, would portend a different legal result. See State v. Anonymous, 355 A.2d 79 (Conn. Supp. 1976). But the plaintiffs conceded at oral argument and in their brief that a fresh inquiry would yield no different result on application of a "rational relation" test.
The plaintiff's other assignments of error were not briefed and are deemed abandoned. Ledgebrook Condominium Assn., Inc. v. Lusk Corporation, 172 Conn. 577, 579 n. 2, 376 A.2d 60; Hall v. Weston, 167 Conn. 49, 51, 355 A.2d 79. The court's unattacked findings must therefore be accepted. Raffile v. Stamford Housewrecking, Inc., 168 Conn. 299, 303, 362 A.2d 879; Mercanti v. Persson, 160 Conn. 468, 477, 280 A.2d 137; Eastern Consolidators, Inc. v. W. L. McAviney Properties, Inc., 159 Conn. 510, 511, 271 A.2d 59. Even were this court to strike the findings pertaining to the children's contraction of scabies, the remaining unattacked findings, particularly those concerning the plaintiff's poor emotional stability, her inadequate care of the children, and the defendant's good character as a father, amply support the court's conclusion that the children's best interests at the time were to be in their father's custody.
The assignments of error directed to the trial court's finding of other facts cannot be considered as having been briefed and are deemed abandoned. Hall v. Weston, 167 Conn. 49, 51, 355 A.2d 79; Neal v. Shiels, Inc., 166 Conn. 3, 20, 347 A.2d 102; Stoner v. Stoner, 163 Conn. 345, 349, 307 A.2d 146. Nor have the assignments of error relating to the defendant's draft finding been briefed, and the additions which it sought to have added to the finding are couched in broad terms and cannot be considered to be admitted or undisputed. See Rushchak v. West Haven, 167 Conn. 564, 566, 356 A.2d 104.
The subject of the remaining paragraphs of the defendants' statement of issues concerning the claimed errors in computation of interest have not been briefed and are, accordingly, considered abandoned. Hall v. Weston, 167 Conn. 49, 51, 355 A.2d 79; Maltbie, Conn. App. Proc. 327.
The plaintiffs have made an extensive attack upon the finding, requesting that seventy-five paragraphs of their draft finding be added to the finding, that numerous paragraphs of the finding be deleted and that fifty-seven conclusions be substituted for the six made by the court. The sheer scope of the plaintiffs' challenges to the finding precludes any detailed discussion of them. As to the facts that the plaintiffs assert ought to have been found which they claim were admitted or undisputed, several were not briefed and are treated as abandoned. Hall v. Weston, 167 Conn. 49, 51, 355 A.2d 79; Mahon v. Heim, 165 Conn. 251, 252, 332 A.2d 69. Some requested additions either are implied in the finding, immaterial, not admitted or undisputed, or are merely cumulated details which would not directly affect the ultimate facts upon which the judgment depends. Salvatore v. Milicki, 163 Conn. 275, 277, 303 A.2d 734. The plaintiffs' claims that facts were found without evidence are not supported by the record.
Flynn v. Hinsley, 142 Conn. 257, 262, 113 A.2d 351. Whether the conclusion is correct is tested by the finding and it must stand unless it is legally or logically inconsistent with the facts found or unless it involves the application of some erroneous rule of law material to the case. Hall v. Weston, 167 Conn. 49, 60, 355 A.2d 79; Johnston Jewels, Ltd. v. Leonard, 156 Conn. 75, 79, 239 A.2d 500. The defendant, however, has made a wholesale attack on the findings of fact, claiming that facts were found without sufficient evidence, and complaining of the refusal of the trial court to incorporate certain draft findings.
They must stand unless they are legally or logically inconsistent with the facts found or unless they involve the application of some erroneous rule of law material to the case. Hall v. Weston, 167 Conn. 49, 355 A.2d 79. The finding, which is not subject to correction, recites the following pertinent facts: The plaintiff, engaged in the business of selling power equipment at wholesale, employed the defendant as a salesman from October 1, 1967, through November 4, 1968, at which time he was discharged.
Furthermore, property acquired through eminent domain is typically referred to as the condemned property. See, e.g., Hall v. Weston , 167 Conn. 49, 63, 355 A.2d 79 (1974). Similarly, Black's Law Dictionary defines "condemnation" as "[t]he determination and declaration that certain property (esp. land) is assigned to public use, subject to reasonable compensation; the exercise of eminent domain by a government entity."
Condemnation proceedings are an appropriate tribunal for determining the authority of the putative condemnor to take the condemnee's property. Greenwich Water Co. v. Adams, 145 Conn. 535, 537-38 (1958); or to resolve legal issues surrounding the "unreasonableness, abuse of power, discretion or bad faith in the actions of the town," Hall v. Weston, 167 Conn. 49, 59 (1974); or to assert the availability of alternatives or less onerous takings. Id.