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State Courts -
Connecticut - July 15, 2008
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166 Glover Ave., LLC v. City of Norwalk Zoning Comm'n, CV084013524S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: In a land use proceeding, a hospital was permitted to intervene as a defendant, pursuant to Conn. Gen. Stat. ? 52-102, because permissive intervention was appropriate when the hospital had an interest in the controversy, its presence in the proceedings would assist in resolving the controversy, and the motion to intervene was timely.
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Bennett v. Bennett, FSTFA074010742,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: In a dissolution of marriage action the parties' marriage had irretrievably broken down and the marriage was ordered dissolved. The court considered the criteria set forth in Conn. Gen. Stat. ?? 46b-62, 46b-56, 46b-56(c), 46b-81, 46b-82, 46b-84, 46b-215a and the Child Support Guidelines Regulations in reaching the decisions reflected in its orders.
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Burgess v. State, CV030520679S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, July 15, 2008, Filed
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Overview: While common law might not recognize claim for wilful negligence, legislature, by enacting Conn. Gen. Stat. ? 52-557h, acknowledged the validity of civil actions based on injury claims resulting from a landowner's "wilful or malicious failure to guard or warn." Therefore, States motion to strike count alleging its "wilful negligence" was denied.
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Charter Oak Fire Ins. Co. v. Karl Norton Architects, LLC, CV054007010,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: In subrogation action filed by an insurer against several defendants, an architect company's (AC's) motion for summary judgment was granted because the insurer could not prevail as to the AC as a matter of law without expert testimony establishing the duty of care an architect had to exercise in order to properly supervise the work of contractors.
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Falcon v. Council 4, AFSCME, CV054008159S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Court lacked subject matter jurisdiction over former employee's claim that union breached duty of fair representation under Conn. Gen. Stat. ? 5-271(d), as he failed to exhaust administrative remedies. Proceedings before Connecticut State Board of Labor Relations had potential to provide him substantial redress and would not have been futile.
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In re Jacob Q., L15CP06008209A, L15CP06008210,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD AT TORRINGTON, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Clear and convincing evidence supported termination of mother and father's parental rights; it that they failed to maintain a reasonable degree of interest as to welfare of children and, thus, abandoned them pursuant to Conn. Gen. Stat. ? 17a-112a, and mother and father were not able to personally rehabilitate themselves within a reasonable time.
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