Justia Connecticut Supreme Court Opinion Summaries

The Supreme Court reversed the appellate court's judgment reversing in part the decision of the Town Plan and Zoning Commission of the Town of Fairfield extending its approvals of a special permit and a coastal site plan review granted to Fairfield Commons, LLC, holding that a local zoning authority may not, by regulation, condition the continuing validity of a special permit on completing development in connection with the permitted use within a period of time that is shorter than the statutory period.The appellate court in this case affirmed the trial court's judgment concluding that the Commission improperly granted Fairfield Commons' request for an extension of its special permit deadline to complete development but reversed the court's conclusion that the special permit could not be subject to a temporal limitation as a matter of law. The Supreme Court reversed, holding (1) a special permit regulation may not prescribe a shorter time limitation for completing development than the statutory period set forth for completion of development in connection with an accompanying site plan under Conn. Gen. Stat. 8-3(i) and (m); and (2) the appellate court incorrectly concluded that the special permit at issue expired in April 2011. View "International Investors v. Town Plan & Zoning Commission" on Justia Law

The Supreme Court affirmed the judgment of the appellate court concluding that the Home Improvement Act (Act), Conn. Gen. Stat. 20-418 et seq., did not apply to work performed by Defendant on Plaintiff's property, holding that Plaintiff's claim under the Act was unavailing.The trial court found in favor of Plaintiff on his claims alleging breach of contract, violations of the Act, and violations of the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. 42-110a et seq. The trial court ruled in favor of Plaintiff. The appellate court affirmed with respect to the breach of contract count but reversed with respect to the remaining claims, ruling that the work performed by Defendant fell within the new home exception of the Act, and therefore, Plaintiff failed to state a claim under both the Act and CUTPA. The Supreme Court affirmed, holding that the work performed by Defendant fell within the new home exception. View "Winakor v. Savalle" on Justia Law

The Supreme Court reversed in part the judgment of the trial court awarding Plaintiff $200,309 in damages for Defendants' breach of a lease agreement, holding that the trial court improperly allocated the burden of proof as to mitigation in determining the damages award.At issue in this appeal was how the executive orders issued by Governor Ned Lamont during the earliest months of the COVID-19 pandemic affected the enforceability of a commercial lease agreement for premises that Defendants leased from Plaintiff. Both parties appealed from the judgment of the trial court awarding Plaintiff damages. The Supreme Court reversed in part, holding that the trial court (1) did not err in determining that the economic effects of the executive orders did not relieve Defendants of their obligations under the lease agreement; but (2) improperly relieved Defendants of their burden of proving that Plaintiff's efforts were commercially unreasonable under the circumstances, thus necessitating a new damages hearing. View "AGW Sono Partners, LLC v. Downtown Soho, LLC" on Justia Law

The Supreme Court reversed the judgment of the appellate court affirming the trial court's dismissal of this appeal from the decision of the Planning and Zoning Commission of the Town of Bethel denying Plaintiffs' application for a special permit to construct a crematory on their property, holding that the denial was not supported by substantial evidence.Plaintiffs applied for a special permit to construct a crematory on their property. The Commission denied the application. Relying on St. Joseph's High School, Inc. v. Planning & Zoning Commission, 170 A.3d 73 (Conn. 2017), the trial court dismissed Plaintiff's ensuing appeal, concluding that there was substantial evidence to support the Commission's decision. The appellate court affirmed. The Supreme Court reversed, holding that the record did not reveal substantial evidence on which the Commission based its decision. View "McLoughlin v. Planning & Zoning Commission" on Justia Law

The Supreme Court reversed the judgment of the trial court sustaining Plaintiff's appeal from the decision of the Board of Representatives of the City of Stamford rejecting a zoning amendment approved by the Zoning Board of the City of Stamford, holding that the board of representatives did not have the authority to determine the validity of the petition.Local property owners filed a protest petition opposing the amendment. After determining that the protest petition was valid, the board of representatives considered and rejected the amendment. The trial court sustained Plaintiff's appeal, concluding that the board of representatives did not have the authority to consider whether the petition was valid. The Supreme Court reversed, holding (1) the trial court did not err in concluding that the board of representatives did not have the authority to determine the validity of the protest petition; but (2) the petition was valid because it contained the requisite number of signatures. View "High Ridge Real Estate Owner, LLC v. Board of Representatives" on Justia Law

The Supreme Court affirmed the judgment of the trial court sustaining Plaintiffs' appeal from a determination of the Board of Representatives of the City of Stamford approving a protest petition that objected to master plan amendments approved by the Planning Board of the City of Stamford, holding that there was no error.Plaintiffs filed an application with the planning board to amend the City of Stamford's master plan. The planning board subsequently filed its own application to amend the city's master plan. The planning board approved both applications with some modifications. After local property owners filed a protest petition the board of representatives determined that the petition was valid and rejected the planning board's approval of the amendments. The trial court sustained Plaintiffs' appeal, holding that even if the board of representatives had the authority to vote on the validity of the protest petition, the vote was not sufficient. The Supreme Court affirmed, holding that the protest petition was invalid as to Plaintiffs' proposed amendment. View "Strand/BRC Group, LLC v. Board of Representatives" on Justia Law

The Supreme Court affirmed the judgment of the appellate court affirming the judgment in favor of Defendant Theresa Virgulak in this action brought by Plaintiff, Manufacturers and Traders Trust Company, holding that there was no error.The trial court found in favor of Defendant on Plaintiff's foreclosure, reformation, and unjust enrichment claims. The appellate court affirmed. The Supreme Court affirmed, holding (1) the trial court properly declined Plaintiff’s request to reform the mortgage deed to reference that the mortgage deed executed by Defendant was given to secure a note executed by her husband; and (2) the trial court correctly determined that Plaintiff was not entitled to foreclose the mortgage executed by Defendant because Defendant was not a borrower on the note. View "JPMorgan Chase Bank, National Ass'n v. Virgulak" on Justia Law

The Supreme Court affirmed the judgment of the appellate court reversing the judgment of the trial court granting Plaintiffs' request for a permanent injunction prohibiting Defendants, Madison Beach Hotel, LLC and Madison Beach Hotel of Florida, LLC, from hosting a summer concert series at a public park adjacent to the Madison Beach Hotel, holding that there was no error.On appeal, the appellate court concluded that the trial court had abused its discretion in granting Plaintiffs' request for an injunction because the concerts did not violate the Madison zoning regulations. The Supreme Court affirmed, holding that Plaintiffs' interpretation of the zoning regulations was untenable and that Plaintiffs were not entitled to relief on their allegations of error. View "Pfister v. Madison Beach Hotel, LLC" on Justia Law

The Supreme Court reversed the judgment of the appellate court affirming the trial court's judgment of strict foreclosure, holding that the appellate court erred in holding that noncompliance with federal Department of Housing and Urban Development (HUD) regulations is a special defense that Defendant must plead and prove and that the case must be remanded for a trial.Defendant executed a mortgage in a mortgage deed that were guaranteed and/or insured by the Federal Housing Administration (FHA) and ultimately assigned to Plaintiff. Under the terms of the mortgage deed and note, Plaintiff was not authorized to accelerate payment of the debt or to initiate foreclosure proceedings unless permitted by HUD regulations. After Defendants defaulted on the note and mortgage the trial court entered a judgment of strict foreclosure. The appellate court affirmed. The Supreme Court reversed, holding (1) compliance with applicable HUD regulations is a condition precedent to enforcement of the note and foreclosure of the mortgage and must be pleaded and ultimately proved by the mortgagee; and (2) the trial court erred by failing to require Plaintiff to establish compliance with HUD regulations at trial. View "Wells Fargo Bank, N.A. v. Lorson" on Justia Law

The Supreme Court affirmed the judgment of the appellate court remanding this case to the trial court with direction to render judgment in favor of Defendant on Plaintiff's negligence claim that had previously been the subject of mandatory arbitration in a prior civil action, holding that the appellate court's decision was not in error.Plaintiff brought a personal injury action against Defendant in 2015. Before trial, the parties attended arbitration, and the arbitration found in favor of Defendant. The trial court entered judgment in accordance with the arbitrator's decision. Plaintiff then brought the instant action repeating the allegations of negligence in the first action. The trial court granted Defendant's motion to dismiss on the basis of res judicata. The appellate court affirmed on different grounds, concluding that action was not viable because the action had been tried on its merits by the arbitrator and had resulted in a judgment in favor of Defendant. The Supreme Court affirmed, holding that appellate court did not err. View "Larmel v. Metro North Commuter Railroad Co." on Justia Law