Connecticut, January, 2006, State Case law

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State Courts - Connecticut - January 10, 2006

Larew v. Larew, FA030407743S, SUPERIOR COURT OF CONNECTICUT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Since the husband failed to calculate the payments due the wife from the QEZE escrow as well as a support payment for one month, he was in contempt of the court's previous orders.

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McKeon v. Estate of Rinaldi, NO. CV04-4001110S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, January 10, 2006, Decided
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Overview: A city was granted summary judgment where a claim by home owners against it, arising from the allegedly negligent issuance of a certificate of occupancy for their newly constructed home, was barred by the limitations period under Conn. Gen. Stat. ?? 52-577 and 52-584; the period was not tolled by the continuing course of conduct doctrine.

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Melnick v. Suffield Zoning & Planning Comm'n, CV054008669, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Because an owner did not apply for a variance to obtain access across his residentially-zoned land to his industrially-zoned land, the owner's claim for inverse condemnation on the basis of lack of access to the subject property was premature; the owner had not proven that he had been harmed by a zoning change.

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Nicholson v. Comm'r of Corr., (AC 25672), APPELLATE COURT OF CONNECTICUT, January 10, 2006, Officially Released
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Overview: Because an inmate's appellate brief consisted of broad statements of the general law governing habeas petitions and the matters asserted followed by conclusory statements attesting to the purported merit of his claims, the court did not abuse its discretion in denying the inmate's Conn. Gen. Stat. ? 52-470(b) petition for certification to appeal.

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Ranfone v. Ranfone, FA040490123S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 10, 2006, Filed
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Overview: Nothing in Conn. Gen. Stat. ? 46b-81 or Connecticut case law prevented court from including portions of pension earned after the parties' divorce in its equitable distribution of marital property where the parties' marriage had been a shared enterprise all along.

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Reid v. Comm'r of Corr., (AC 24947), APPELLATE COURT OF CONNECTICUT, January 10, 2006, Officially Released
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Overview: As a reasonable person would believe that an inmate communicated a serious intent to commit an act of unlawful violence on the victim, this act constituted a true threat not entitled to First Amendment protection. Thus, the condition of his parole, that his release not be incompatible with the welfare of society, was not void for vagueness.

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Reyes v. Rodriguez, FA010045569S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 10, 2006, Filed
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Route 188, LLC v. Town of Middlebury, (AC 26046), APPELLATE COURT OF CONNECTICUT, January 10, 2006, Officially Released
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Overview: Trial court's decision not to apply assemblage in evaluating property for tax purposes was proper where neither appraiser applied assemblage, and owner's appraiser testified that application of assemblage was speculative and inappropriate. Both appraisers used comparable sales method valuation, which was properly adopted by the trial court.

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S. Norwalk Boat Club, Inc. v. Total Marine of Norwalk, Inc., FSTCV030196607S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, AT STAMFORD, January 10, 2006, Decided , January 10, 2006, Filed
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State v. Henderson, AC 25865, APPELLATE COURT OF CONNECTICUT, January 10, 2006, Officially Released
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Overview: Trial court did not err in denying a motion to correct an illegal sentence, as it lacked jurisdiction to hear challenges which did not fit into the expressed authority of Conn. Gen. Prac. Book, R. Super. Ct. 43-22, defendant waived his right to be present at sentencing, and nothing suggested that the judge was vindictive in imposing said sentence.

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