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State Courts -
Connecticut - March 5, 2007
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Kowalkowski v. City of Danbury, DBDCV064006783S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, March 5, 2007, Decided , March 5, 2007, Filed
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Myers v. Warden, State Prison, TSRCV040004615S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Warden's summary judgment motion was granted as there was no basis to credit inmate on probation violation sentence with 18 months that he served on original sentence. Inmate had been discharged from original sentence, probation was revoked under Conn. Gen. Stat. ? 53a-32(b)(4), and new term was imposed for probation violation.
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Perry v. Perry, FSTFA064008018,
SUPERIOR COURT OF CONNECTICUT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Pendente lite orders were entered in a dissolution of marriage action that required a husband, inter alia, to continue making mortgage, tax, and loan payments. The husband was also directed to pay $4,000 per month in pendente lite alimony and child support.
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Pleasanton v. Shelton Inland Wetlands Comm'n, CV054006615S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT DERBY, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Because the contesting property owners failed to meet their burden of proof that there would be a significant impact on wetlands or watercourses as a result of the development or that the Inland Wetlands Commission did not address down-stream flooding and pollution, the appeal was dismissed.
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State v. Petaway, CR040028093,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Superior court lacked jurisdiction to consider Conn. Gen. Prac. Book, R. Super. Ct. ? 43-22, motion to reduce sentence imposed after defendant failed to comply with conditions of Garvin plea agreement as defendant was already serving term and made no allegation that he had been deprived of his right to be present for and to allocute at sentencing.
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Town of Cromwell Planning & Zoning Comm'n v. Town of Cromwell Zoning Bd. of Appeals, CV054003551S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Because a claimed hardship arose from the property owner's subjective desire to develop the parcel as a commercial property, rather than as a residential property, as to enhance the marketability of the parcel, such a hardship was merely financial and self-created and would not, therefore, justify the granting of a variance.
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Willinger, Willinger & Bucci v. Am. Econ. Ins. Co., CV054009373S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Although the evidence was insufficient to determine an insured's breach of contract claim, the insured provided no evidence of an agreement to arbitrate; therefore, the insurer could not have acted in bad faith or committed an unfair insurance practice under Conn. Gen. Stat. ??38a-815 by not submitting the matter to arbitration.
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