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   State Courts - Connecticut - February 21, 2006

  
350 Route 32 Holding, LLC v. Someplace Else Cafe, Opinion No.: 92354, 14869, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, GEOGRAPHICAL AREA 21 AT NORWICH, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Because a landlord could have used an alias in serving an unknown tenant under Conn. Gen. Stat. § 47a-23(b) and could have learned the actual name of the tenant from a physical inspection of the premises, its failure to serve a proper notice to quit was fatal to its summary process action; therefore, the tenant's motion to dismiss was granted.

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AFSCME Conn. Council 4 v. Town of Andover, File Nos. X01 CV-03 0182395S, X01 CV-03 0185227S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Trial court exercised discretion under Conn. Gen. Prac. Book, R. Super Ct. §§ 10-7, 1-8, and 23-14 to allow all of the municipalities to file motions to strike out of order as it served no purpose to permit some municipalities' motions and to deny others merely because some had not invoked the talismanic language of requesting permission to file.

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Aceto v. Chaconis, NNHCV054013884, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Application to discharge a judgment lien filed against property a widower inherited from his deceased wife was denied. The widower's disclaimer of the bequest failed as against the lien holders because the widower did not file the disclaimer with land records in town where property was located as required by Conn. Gen. Stat. § 45a-79(d).

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Adgers v. Keller, CV054004154, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Prisoner's action against a judge, prosecutors, and public defenders in relation to his criminal conviction was dismissed on grounds of immunity, and the prisoner was enjoined from filing further lawsuits without approval of the court, as he had filed numerous frivolous actions since his incarceration.

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Asylum Hill Problem Solving Revitalization Ass'n v. King, SC 17313, SUPREME COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: Neighborhood association could not maintain an action to compel a housing finance authority to prevent racial segregation and high concentrations of poverty in the administration of a federal low income housing tax credit program; neither federal law nor Conn. Gen. Stat. § 8-37cc(b) authorized a private right of action affording equitable relief.

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Ayala v. Joseph, CV054006566S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 21, 2006, Filed
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Overview: Because a minor child was attacked by the owners' dog without provocation, and because the child was left permanently scarred, fearful of dogs, and with deteriorating scholastic performance, the child and his mother were awarded both economic damages and noneconomic damages.

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City of Bridgeport v. Plan & Zoning Comm'n, SC 17472, SUPREME COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: Trial court erred in affirmed a city zoning board's decision to change the zoning classification of a golf course owned by a city, as the notice of the proposed change issued by the zoning commission did not meet the requirements of Conn. Gen. Stat. § 8-3, and therefore the zoning commission lacked jurisdiction.

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City of New Haven v. Tuchmann, (AC 26088), APPELLATE COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: Since the record revealed that the court considered many factors, including location, accessibility and environmental conditions in determining the fair market value of a property, it supported the court's valuation of the property, notwithstanding an improper mention of excluded evidence concerning the load bearing capabilities of the soil.

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Ferretti-Congello v. Congello, FA044002765, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 21, 2006, Filed
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Ferrigno v. Cromwell Dev. Assocs., (AC 26235), APPELLATE COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: Absent a reasonable probability that a trustee, as the owner of two parcels of land, could use the tract together with another thirty-one acre piece of property adjacent thereto, it was improper for the court to treat the two parcels as an assemblage with the third parcel, requiring a new deficiency hearing on remand.

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