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State Courts -
Connecticut - March 3, 2005
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Benchmark Niantic Senior Hous., Inc. v. Town of E. Lyme, CV020562437S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Since a property, which was best used as an assisted living facility, was constructed near the date of revaluation, the best evidence of the value of the property was the cost approach. Since the assessed value was higher than the value under the cost approach, the property owner was aggrieved by the valuation placed upon its property.
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Bliven v. Bliven, FA010122042S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: The mother's action of nonpayment of child support was willful and she was in contempt of the court orders as she unilaterally determined that she could suspend making child support payments. She also failed to prove the defenses of equitable estoppel as there was no evidence that the father told her that she could stop making payments.
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City of Bridgeport v. C.R. Klewin N.E., LLC, X06CV044000308S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Illegal contract claims that could have been raised in prior arbitration and would significantly alter arbitration award were precluded by res judicata. Similar claims on separate contracts were not precluded as award did not cover those contracts. Failure to state readiness and willingness to arbitrate prevented Conn. Gen. Stat. ? 52-409 stay.
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In re Anasana H., H12CP04009756A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Court terminated parental rights of drug-using parents to positive-cocaine-tested baby, by clear and convincing evidence, for her failure to rehabilitate under Conn. Gen. Stat. ? 17a-112(j)(3)(B)(ii) since she did not present plan to be a meaningful parent in time frame baby needed, and for his no ongoing parent-child relationship.
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In re David W., H12CP01007972A, H12CP01008010A, H12CP03009065A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, March 3, 2005, Filed
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Overview: Court terminated parental rights of parents to three children, ages two, three, and five, by clear and convincing evidence, for failure to rehabilitate ground under Conn. Gen. Stat. ? 17a-112(j)(3)(B)(ii) since they could not become meaningful parents in time frame children needed, based on his drug use and abuse, and her association with him.
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In re Jennifer H., H14CP0106849A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Mother's parental rights to her daughter were terminated; pursuant to Conn. Gen. Stat. ? 17a-112, the agency proved that the mother had failed to rehabilitate herself, as she failed to complete parenting classes and psychological counseling, and that no ongoing parent/child relationship existed between the mother and her daughter.
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Intl Auto. Showcase, Inc. v. SMG, CV030477177S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Since there was no evidence that a coliseum authority was not a separate entity from the city or that the city had total control outside of ownership of the property on which the coliseum was located, the city was entitled to summary judgment in regard to the corporation's claims regarding cancellation of an auto show by the authority.
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Kerrigan v. State, CV044001813,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: Public policy group devoted to preserving opposite-sex marriage and individuals with strong religious beliefs on marriage did not have legal interests that justified intervention under Conn. Gen. Stat. ? 52-107 and Conn. Gen. Prac. Book, R. Super. Ct. ? 9-18, in an action by same-sex couples who challenged state's prevention of same-sex marriage.
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Motta v. Adm'r, Unemployment Comp. Act, CV030401633S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 3, 2005, Decided , March 3, 2005, Filed
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Poisson v. Dreher, CV020398459S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 3, 2005, Decided , March 3, 2005, Filed
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Overview: In auto accident suit, court dismissed defendants' summary judgment motion; it did not have jurisdiction to consider that motion since, under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-31, it had defaulted defendants for not complying with discovery and they had not filed to open the default.
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