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   State Courts - Connecticut - March 2, 2007

  
Comm. to Save Guilford Shoreline, Inc. v. Arrow Paving, CV064020284S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Committee's action under the Environment Protection Act of 1971, Conn. Gen. Stat. § 22a-16, seeking to enjoin defendants from washing trucks on their property was granted, as truck washing could have caused hydrocarbon pollution, but only a prohibitory injunction was entered as defendants had agreed to cease washing trucks.

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Deer Creek Fabrics, Inc. v. Colyer, X05CV054002792S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Summary judgment motion as to tortious interference with fiduciary relations claim was denied, even though tort was recognized, as there were fact issues remaining, including whether fiduciary relationship existed, whether competitor was aware of fiduciary relationship, and whether competitor intentionally interfered with fiduciary relationship.

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E. Rock Commons Ass'n v. Crenshaw, CV065005897S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 2, 2007, Filed
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Overview: Because, inter alia, a Lexis/Nexis collection search indicated that an owner's condominium was his current address, it was not reasonably probable that the owner would have received notice of a homeowner association's Conn. Gen. Stat. § 47a-258 foreclosure action at a former residence; thus, the action was dismissed for lack of jurisdiction.

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Kervick v. Silver Hill Hosp., FSTCV040199084S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Where a complaint asserted infliction of emotional distress, because a duty might arise out of the foreseeability of the harm to one with whom a person interacted, accompanied by the requisite state of mind in the actor and no public policy problem was implicated, a physician could bring an apportionment complaint against decedent's boyfriend.

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Mazza Consulting Group v. Moller, Peck & O'Brien, LLC, CV044002369S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, AT STAMFORD, March 2, 2007, Decided , March 2, 2007, Filed
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Overfelt v. Phillips, FA054101933, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Due to a child's age and his level of extracurricular activities, the visitation schedule set out in a joint custody plan needed to be modified where the mother and child lived in Connecticut and the father lived in Oklahoma. Thus, the court set out a new schedule pursuant to Conn. Gen. Stat. § 46b-56.

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Paige v. Paige, FA064006147S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Judgment was entered dissolving the parties' marriage, as the marriage had broken down irretrievably as a result of the husband's gambling and the drug addiction of the parties' oldest son, and the court awarded joint custody of the parties' child, and awarded the wife nominal alimony in the amount of one dollar per year.

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Shippee v. Shippee, FSTFA030196469S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 2, 2007, Decided , March 2, 2007, Filed
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Snodgrass v. Mulhearn, HHBCV030523029S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, March 2, 2007, Decided
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Overview: Under Conn. Gen. Stat. § 20-327b, buyers did not show by clear and convincing evidence that sellers knowingly misrepresented on a disclosure report condition of home buyers purchased from sellers; the buyers' unjust enrichment claim failed in absence of evidence as to amount sellers received in excess of home's value at time of sale due to defects.

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Treece v. Town of Monroe, CV020393157S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Taxpayer's motion for attorneys' fees, surveyor's fees, and real estate investigative research firm's fees was denied as Conn. Gen. Stat. § 112-117a applied only because case was valuation case, and § 12-117a did not clearly provide that fees incurred for preparation of real estate appraisal report were to be considered taxable costs.

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