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   State Courts - Connecticut - January 9, 2006

  
McKee Realty, LLP v. Futons Plus III, LLC, 134356, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD - NEW BRITAIN, AT HARTFORD, HOUSING SESSION, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Judgment was entered in favor of a landlord in a summary process action against a tenant, as the landlord sustained its burden of proving its claim for termination of the lease for nonpayment of rent by a fair preponderance of the evidence and the tenant failed to prove various equitable defenses.

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Michaud v. Michaud, FA054009522S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Where the wife had a gambling problem and had failed to hold down a job during the marriage, the trial court awarded her monthly alimony of $ 580 for 23 months. The parties were to equally split any proceeds from the sale of the marital home. The trial court refused, under Conn. Gen. Stat. ? 46b-62, to award attorneys fees.

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Niblack v. Warden, CV970402873S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Where evidentiary hearing established that prison authorities were complying with stipulated settlement requiring that an inmate be offered adequate mental health care, the inmate was not entitled to additional relief sought in the form of a transfer to single-cell status.

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O.J. Mann Elec. Servs. v. Villiage at Kensington Place, CV020282281S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 9, 2006, Filed
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Overview: In a case involving a mechanics' lien dispute, a judgment was not void based on a failure to comply with the 120 day requirement in Conn. Gen. Stat. ? 51-183b because a subcontractor failed to object to the court's decision regarding the date that the period began to run.

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Read v. Town of Plymouth, HHBCV055000158S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 9, 2006, Decided
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Overview: Defendants' motion to strike the negligence and nuisance counts against a town was granted as the claims alleged the same nucleus of operative facts as alleged in a defective highway count under Conn. Gen. Stat. ? 13a-149. The defective highway count was the injured party's sole remedy under Conn. Gen. Stat. ? 52-557n.

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State v. Anderson, HI5NCR04214200S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN, GEOGRAPHICAL AREA 15 AT NEW BRITAIN, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Where there was absolutely nothing wrong with an agreed sentence imposed on defendant after he violated his probation, there was no point in articulating the decision imposing sentence, and there were no civil remedies that defendant could appropriately pursue.

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Towse v. Zoning Bd. of Appeals, FSTCV044001707S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Zoning board of appeal's decision granting the landowners' application for variance to remove an existing home on their property and to construct a new residence on it was not arbitrarily, illegally, or unreasonably made; finding that variances were warranted due to their lot's irregular shape and erosion of a beach was supported by the evidence.

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