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   State Courts - Connecticut - January 30, 2007

  
Ace Equip. Sales v. Buccino, CV000072150S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 30, 2007, Decided , January 30, 2007, Filed
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Overview: Trial court declined to enforce a settlement agreement in an action involving the use of a pond because, while the parties had agreed on monetary damages, plaintiffs' proposed written settlement agreement contained terms regarding defendants' future use of the pond upon which there had been no agreement.

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Belcher v. State, AC 26526, APPELLATE COURT OF CONNECTICUT, January 30, 2007, Officially Released
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Overview: Under circumstances in which, before his appointment as judge, trial court judge represented defendant in an appeal, and parties stipulated that trial judge's adjudication of defendant's Conn. Gen. Prac. Book, R. Super. Ct. § 42-55 motion for new trial was plain error, order denying motion for a new trial was reversed and the case remanded.

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Conn. Light & Power v. Haight, CV064015699S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 30, 2007, Decided , January 30, 2007, Filed
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Overview: A Conn. Gen. Stat. § 16-50x committee of three disinterested persons awarded damages for a partial taking of an owner's property for a utility easement; the damages were based on consideration of the blighted industrial nature of the property and the fact that the power line being installed in the easement would be entirely underground.

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Dougherty v. Dougherty, FA97074977S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 30, 2007, Filed
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Overview: Since an ex-husband's financial affidavits were materially misleading as to the nature and value of his deferred compensation benefits and the ex-wife reasonably relied upon them and assumed that she had agreed to receive one-half of the full value of all of his retirement benefits, the order was modified to provide her with one-half the benefits.

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Estate of Foster v. Town of Branford, X10UWYCV054010120S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 30, 2007, Filed
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Overview: Police officer was denied summary judgment for claims from an auto accident during a police pursuit as factual issues existed in the negligence claims against the officer. The town was granted summary judgment in part because the adequacy of its training and supervision of the officer was discretionary and therefore afforded immunity.

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Federici v. NewBoston Ballardvale, LP, CV045000069S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 30, 2007, Filed
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Overview: A tenant was not entitled to summary judgment in a personal injury action where plaintiff allegedly tripped and injured her ankle on an exterior walkway located at the front entrance of the tenant's day care facility because control of the premises remained an issue based on an indemnification clause in the tenant's lease.

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Iasevoli v. Isaevoli, FA054002747S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 30, 2007, Decided , January 30, 2007, Filed
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Overview: Because a wife was awarded two properties with a value in excess of the property awarded to the husband in a dissolution action, pursuant to Conn. Gen. Stat. § 46b-81, it was equitable that the husband retain the stock that he had already taken, which was valued in excess of the stock that the wife was awarded.

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In re Adam M., H14CP05008335A, H14CP05008336A, H14CP05008337A, H14CP02008338A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, January 30, 2007, Decided , January 30, 2007, Filed
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Overview: Four children were adjudicated neglected as a result of long term verbal and physical abuse by their parents and older siblings; one child was placed under protective supervision for nine-months, while the remaining three children were committed to the care, custody, and guardianship of the Commissioner of the Department of Children and Families.

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In re Nardelli, File No. CV-18 10848, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, GEOGRAPHICAL AREA 18 AT BANTAM, January 30, 2007, Decided , January 30, 2007, Filed
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Overview: Trial court, in a hearing following the seizure of firearms under Conn. Gen. Stat. § 29-38c, determined that it was constrained to order that the firearms be returned to the owner because the State of Connecticut failed to show by clear and convincing evidence that the owner posed a risk of imminent personal injury to himself or others.

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Johnson v. Galvin, CV054005388, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 30, 2007, Filed
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Overview: Nurse's aide's appeal was dismissed as hearing officer's finding that the aide had physically abused a nursing home resident was supported by substantial evidence under Conn. Gen. Stat. § 4-183(j). The finding was reasonable as the aide had threatened to push the resident just before his fall, and the resident repeatedly stated that he was pushed.

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