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   State Courts - Connecticut - March 9, 2007

  
All Am. Custom Pools & Spas v. Schwindeman, FSTCV044001335S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Judgment was entered for homeowners as contractor violated Connecticut Home Improvement Act (HIA) and contract could not be enforced against homeowners because contract was missing pages and homeowners did not sign some change orders. HIA violation was per se violation of Connecticut Unfair Trade Practices Act.

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Bials v. Town of Portland Zoning Bd. of Appeals, CV064005811S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Because a zoning board's decision granting a landowner's request for a variance was supported by a valid hardship which severely limited the development potential of the property, and the grant of a variance acted to reduce the non-conforming aspect of the property, said decision was supported by the evidence and not arbitrary or illegal.

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Commercial Constr. Group, LLC v. G.C. Constr. Co., LLC, CV054004572S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Judgment was entered awarding subcontractor damages, plus interest and attorneys fees under Conn. Gen. Stat. § 49-41a(b), as general contractor failed to pay subcontractor amounts it had received from owner for subcontractor's work, and subcontractor had substantially performed contract.

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Conn. River Getaway Comm'n v. Chester Zoning Bd. of Appeals, CV054003369, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Appeal was dismissed as variance from setback requirements under Conn. Gen. Stat. § 8-6(3) was supported by substantial evidence. There was hardship in topography of property and zoning enactments that severely limited property's development potential. Possibility of drawing inconsistent conclusions did not mean there was not substantial evidence.

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In re Nicholas Y., H12CP06010647A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Termination of parental rights was in a child's best interests. The mother failed to rehabilitate (Conn. Gen. Stat. § 17a-112(j)(3)(B)(1)) due to substance abuse issues, as she had not maintained her abstinence for more than one month after discharge from any inpatient program. The father had no ongoing parent-child relationship with the child.

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Pinder v. Warden, State Prison, CV020461619S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: An inmate's claim that his counsel provided ineffective assistance lacked merit, as he failed to show that he suffered any prejudice as a result of his counsel's failure to assert the defense of lack of capacity in his murder trial, in violation of Conn. Gen. Stat. § 53a-54a; accordingly, his habeas corpus petition was denied.

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Pladsen v. Warden, State Prison, TSRCV064001036S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Court denied writ of habeas corpus to inmate who claimed inadequate treatment for his mental health condition because there was no evidence of an Eighth Amendment violation, and it appeared that the inmate was abusing the writ by attempting to manipulate the prison system to effect his transfer to another unit.

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Rocque v. Strollo, CV030824871S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 9, 2007, Decided , March 9, 2007, Filed
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Schrempp v. Town of Clinton Zoning Bd. of Appeals, CV044001551S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Defendants' motions to dismiss were granted as reviewing court lacked subject matter jurisdiction under Conn. Gen. Stat. § 8-8(b) as town clerk had to be served within 15 days from date of publication of decision, first copy of process was not returned to court, and town clerk was served with second process more than 15 days after publication.

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State v. Haughey, CR05230940, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Defendant was not entitled to suppression of monitored telephone calls he made from prison. Under both the federal and Connecticut constitutions, inmates had no reasonable expectation of privacy in their nonprivileged telephone calls, which could be monitored and recorded, and defendant had been advised that they could be monitored and recorded.

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