Café Ruche lawsuit falls short, owner found liable for $80K in damages

Jan. 24--WILTON -- A former Wilton business owner not only lost a lawsuit that claimed the town had withheld knowledge regarding potential environmental contamination at the site of her business, Café Ruche, but the courts determined she was liable for more than $80,000 in costs incurred by her former landlord, too.

"The losers in this case are the people of the town of Wilton," said Barbara Chopin, Café Ruche's former owner, who still claims the town and property managers failed to address the "poor environmental conditions" at the former site of Café Ruche, 101 Old Ridgefield Road.

Chopin filed suit against the town and former landlords, Wilton Center Development, LCC, and Paragon Realty Group, LLC, in 2016 after, she claims, their failure to disclose the existence of an illegally abandoned oil tank led to closure of the one-time popular eatery, yoga studio and gathering spot after less than a year of business.

The suit claimed the town and property managers had failed to file any reports with the state Department of Energy and Environmental Protection, and as a result, Chopin had been unaware of the issue when she signed a five-year lease in July 2014.

On Jan. 18, Superior Court Judge Anthony Truglia ruled that the town and the property's managers were not liable for the issue because, to their knowledge, a 1991 environmental assessment had found there was not significant petroleum contamination on the property and it concluded -- wrongly -- that the tank had already been removed from premises.

"All environmental issues have been addressed and we perceive no environmental liability," the 1991 report from Langan Environmental said.

These findings were later corroborated by follow-up environmental studies conducted in 2000 and 2009, the court found.

"The evidence shows clearly that both parties had good cause to believe -- and did believe -- that whatever UST (underground storage system) had been installed on the property had been removed or properly closed," Truglia wrote.

Furthermore, the courts found that Chopin's contractor was responsible for the oil spill and, as a result, she was her liable for all damage-related and remediation costs.

"Essentially, these actions caused the premises to be partially untenantable for several months and required Paragon to expend funds for investigation, testing, remediation and removal of potentially contaminated soil and concrete," Truglia wrote.

First Selectwoman Lynne Vanderslice said the town, which spent more than $40,000 in legal and trial fees that were not covered by its insurance policy, was satisfied with the court's findings.

"We are pleased with the court's comprehensive decision, which should put this matter to rest," Vanderslice said.

In the months leading up to the trial, the parties involved in the lawsuit were involved in mediation discussions, during which a settlement was offered to Chopin. Vanderslice said the town was "confident" in its legal position; however, "in light of the cost of litigation," the town considered the offer to be prudent.

Chopin, however, called the settlement offer "insultingly low," and refused it.

She now has until Feb. 7 -- 20 days after the court's decision -- to file an appeal. Chopin said she is still in discussions with her legal team about whether to pursue an appeal.

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