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   State Courts - Connecticut - January 14, 2004

  
AvalonBay Cmtys., Inc. v. Milford Inland Wetlands Agency, CV020514398S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 14, 2004, Filed
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Overview: Over 52 conditions imposed upon the approval of an application to build a residential community were invalid because they were based on the protection of the eastern box turtle, which was not a valid concern of the wetlands agency.

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Avalonbay Cmtys., Inc. v. Milford Planning & Zoning Bd., CV020514399S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 14, 2004, Filed
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Overview: Petition for review of the denial of a developer's applications for a zoning change were considered to be affordable housing appeals as they met the definition of "affordable housing" as it existed on the date the applications were filed.

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Buttendorf Bldg. & Remodeling, LLC v. DeSilva, CV020394286S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: In a contract suit, the clients breached the contract by stopping payment on a check to the builder and by ordering one of the builder's employees off their property. The builder was awarded damages for the contract price for the work performed.

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Found. Enters., LLC v. Hall Neighborhood House, Inc., CV030402677, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: In a breach of contract action under a bilateral contract, where plaintiff failed to allege that it performed its duties under the contract, plaintiff thereby failed to plead a legally cognizable claim in contract and the complaint was struck.

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Larobina v. First Union Nat'l Bank, CV990170845S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: Defendant's special defenses of failure to state a claim upon which relief could be granted, statute of limitations, preemption, doctrine of unclean hands, and estoppel were all struck for failure to provide subordinate facts.

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McClure v. Fairfield Univ., CV000159028S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: University's summary judgment motion was granted as to a student's personal injury action, because the student had already recovered for the same injuries in an arbitration action against a driver and the driver's insurance company.

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Mitchell v. GMAC Ins., CV010811212S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 14, 2004, Decided , January 14, 2004, Filed
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Santiago v. Lopez, FA030177665S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: Where the parties' marriage was irretrievably broken down, it was dissolved; the wife was to have sole legal and physical custody of the minor children, the husband was to have visitation rights, and the parties' property was distributed.

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Sukosky v. Sukosky, FA000725716S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: Father's motion to modify his child support obligation was denied; the father had voluntarily reduced his income, and the family court chose to deviate from the child support guidelines based on the father's imputed income.

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Zemmel v. SSHC, Inc., CV030102952, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 14, 2004, Decided , January 14, 2004, Filed
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Overview: Trial court decided that $ 130,000 prejudgment attachment remedy could issue against tenant and $ 40,000 prejudgment remedy against lease guarantor in favor of landlord; three-day notice to quit did not bar suit for lease contract damages.

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