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   State Courts - Connecticut - January 24, 2005

  
Cmty. Realty Investors, Inc. v. Vasquenza, CV044000286S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 24, 2005, Decided , January 24, 2005, Filed
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Edwards v. Ashken, CV040201106, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 24, 2005, Decided , January 24, 2005, Filed
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Overview: Defendants' motion to strike was denied in plaintiffs' claims alleging defendants planned to build on their lot in a manner that would violate deed, zoning, and common development scheme restrictions and obstruct views. An attack on plaintiffs' standing was premised on extrinsic evidence because it relied on facts not alleged in the complaint.

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Guzzi v. Guzzi, FA020394548, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 24, 2005, Decided , January 24, 2005, Filed
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Kemper Auto & Home Ins. Co. v. State, 569339, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 24, 2005, Decided , January 24, 2005, Filed
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Overview: Employee's motion to dismiss a recklessness action filed by an insurer was denied because the employee was not protected by common law or statutory immunity under Conn. Gen. Stat. ? 4-165. Inter alia, the complaint alleged that the employee acted recklessly by failing to warn drivers of a high speed response under Conn. Gen. Stat. ? 14-283.

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MD Drilling & Blasting, Inc. v. MLS Constr., LLC, CV030483616S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 24, 2005, Decided , January 24, 2005, Filed
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Missionary Soc'y of Conn. v. Bd. of Pardons & Paroles, SC 17344, SUPREME COURT OF CONNECTICUT, January 24, 2005, Officially Released * * January 24, 2005, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes.
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Overview: A society had no standing for a Conn. Gen. Stat. ? 4-183(a) appeal of a decision by the Board of Pardons and Paroles to deny its application to commute a death sentence. The board had unlimited discretion whether to commute a sentence and Conn. Gen. Stat. ? 4-166(2) specifically excluded board decisions from the definition of a contested case.

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New Fairfield BOE v. Cortese, CV030349701S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 24, 2005, Decided , January 24, 2005, Filed
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Overview: Parents did not breach a settlement agreement with a board of education for seeking to challenge their child's proposed individual education plan in a due process hearing, as to the extent the terms of the agreement were inconsistent with the Individuals with Disabilities Education Act, 20 U.S.C.S. ? 1400 et seq., they were unenforceable.

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Perkins Family P'ship, LLC v. E. Coast Classics, LLC, CV040085123S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 24, 2005, Decided , January 24, 2005, Filed
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Telerent Leasing Corp. v. Morgan Inn, LLC, 565197, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 24, 2005, Decided , January 24, 2005, Filed
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Overview: Leasing company's motion for summary judgment pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49 was denied, because genuine issues of material fact existed as to an individual defendant's liability, whether satellite equipment was defective, and other issues.

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Uvalic v. Driscoll, CV030828393S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 24, 2005, Decided , January 24, 2005, Filed
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Overview: Trial court granted injured party and father's motion to dismiss pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 10-31 a daughter and father's apportionment complaint filed against prospective apportionment party; neither proper abode service under Conn. Gen. Stat. ? 52-54 nor timely service under Conn. Gen. Stat. ? 52-102b(a) were shown.

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