Superior Court must still approve the sale price of $240,000

By Bob Bumcrot

On February 3 a foreclosure by sale of the Greenwoods Theatre Building was conducted by Steven Levy, the Committee appointed by the Connecticut Superior Court for this purpose. Permission for an inspection of the interior of the building by interested parties, which had been announced for 10:00AM, was denied by Maura Cavanagh, Manager of Greenwoods Associates, LLC, the owner of the property. “As the owner, she has the right to do that,” said Mr. Levy. Cavanagh stated that her appeal of the decision to foreclose was denied on January 29 but that by law no sale could take place for ten days. She also stated that application had been made for a Chapter 11 bankruptcy hearing to Federal Judge Lorraine Weil in New Haven, and that a hearing would take place on February 21. “I’ve heard there are various hearings planned,” said Mr. Levy. “The sale will take place at noon.”

The auction actually began at 12:10. Thanks to First Selectman Sue Dyer, it was moved from the chilly snow-covered area in front of the theater to the warm upper floor of Town Hall. Town Attorney Ross Fingold remained at the theater until noon to redirect last minute bidders.

Although over 80 people crowded into the Hall, only four showed the required proof of solvency and, along with Dyer, received bidding numbers. One bidder was a Norfolk resident and two appeared to be professional real estate investors; the other bidder was the eventual winner. It was explained that about $13,000 would be added to the final bid, to cover other costs.

Dyer began with the Town’s bid of $140,000. Bidding went by stages to $165,000 and then leapt to $200,000 at which point there was a brief discussion regarding possible eviction of tenants, mechanics liens and insurance against possible damage. Bidding then continued between just two persons, reaching “going twice” a few times, until Levy said “sold” at $240,000. The winning bidder was Dan Hincks of Burlington, CT, who is profiled in another article in this issue.

Committee Levy reported the results of the auction to the court, which has 45 days to accept or reject the winning bid. As of this writing, no decision has been announced. Meanwhile, Cavanagh has filed a motion with the Connecticut Court of Appeals for “review and reconsideration,” of its rejection of the previous appeal. She is also proceeding with the application for bankruptcy in federal court. Cavanagh continues to maintain that the dispute with the Town on the assessment of the property has never been properly adjudicated. She rejects the suggestion to first pay the taxes that are alleged to be due and then proceed in court. She also strongly asserts that she has been treated unfairly by town officials, lawyers, judges and some citizens as quoted in the press. “I have been virtually lynched,” she said. “I have musical properties that could make this place better than Goodspeed, but have been prevented from proceding by my need to uphold my constitutional rights.”

While hopeful that the long-standing dispute will finally be steeled, Dyer remains cautious. “I won’t count my chickens until they’re hatched and I have the check in my hand,” she said.

Photo, top: The successful bidder, Dan Hincks, left, is interviewed by Norfolk Now’s Bob Bumcrot following the auction.