Justia Connecticut Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the trial court ordering a foreclosure by sale as to two parcels of land owned by Defendants and secured by a blanket mortgage given to Plaintiff, holding that there was no error in the trial court's order of foreclosure by sale.The mortgage agreement between the parties contained a remedies provision providing that Plaintiff could seek a foreclosure by sale as to two parcels of land in the events Defendants defaulted on the mortgage. The trial court determined that the remedies provision was not binding on the court but, in its balancing of equities, considered the remedies provision as one factor. The Supreme Court affirmed, holding that the trial court did not abuse its discretion by ordering a foreclosure by sale. View "Toro Credit Co. v. Zeytoonjian" on Justia Law

The Supreme Court affirmed the judgment of the trial court dismissing Appellants' appeal from the decision of the Planning and Zoning Commission of the City of Shelton approving an application for a planned development district submitted by Shelter Ridge Associates, LLC, holding that the trial court did not err or abuse its discretion.Specifically, the Supreme Court held (1) contrary to Appellants' argument on appeal, the zoning authority conferred by Conn. Gen. Stat. 8-2 supports the creation of planned development districts; (2) the planned development district proposed by Shelter Ridge did not violate the uniformity requirement contained in section 8-2; and (3) the Commission’s decision did not result in an unlawful subdivision. View "Tillman v. Planning & Zoning Commission of the City of Shelton" on Justia Law

The Supreme Court reversed in part the judgment of the appellate court reversing in part the judgment of the trial court in favor of Plaintiffs, the town of South Windsor and its zoning enforcement officer and remanding the case for a new trial on count two of the complaint, holding that the appellate court improperly remanded the case.The trial court assessed a fine and imposed injunctive relief for certain zoning violations pursuant to Conn. Gen. Stat. 8-12. The appellate court remanded the case for a new trial, concluding that the trial court had improperly assessed a fine on Defendant for zoning violations for a period of time that she was under lawful orders not to disturb her property because of an ongoing fire investigation. The Supreme Court reversed, holding that no dispute remained as to Defendant's liability for the zoning violations alleged in count two of Plaintiffs' complaint. View "Town of South Windsor v. Lanata" on Justia Law

The Supreme Court affirmed the judgment of the appellate court affirming the trial court's dismissal of the statutory theft claim Plaintiff brought against Defendant for lack of subject matter jurisdiction on the ground of absolute immunity, holding that there was no error.Defendant, an attorney, represented Benchmark Municipal Tax Services, Ltd., in the foreclosure proceeding underlying this appeal. The appellate court determined that Defendant was entitled to absolute immunity from Plaintiff's claim of statutory theft by concluding that public policy considerations were served by granting Defendant this immunity and that the entirety of Defendant's alleged misconduct occurred within the scope of the foreclosure proceeding. The Supreme Court affirmed, holding that Plaintiff's arguments on appeal failed. View "Scholz v. Epstein" on Justia Law

The Supreme Court affirmed the judgment of the trial court determining that property used for a residential mental health treatment program was tax exempt under Conn. Gen. Stat. 12-81(7), holding that the court did not err.The trial court granted the exemption on the residential mental health treatment program on the grounds that it did not provide housing subsidized by the government and that any housing provided was temporary. The Supreme Court affirmed, holding (1) Defendant failed to establish that the trial court lacked subject matter jurisdiction; (2) the trial court properly found that the program's housing was temporary and therefore qualified for the exemption on that basis; and (3) therefore, the trial court correctly rendered summary judgment in favor of Plaintiffs. View "Rainbow Housing Corp. v. Cromwell" on Justia Law

The Supreme Court reversed in part the judgment of the appellate court reversing in part the trial court's judgment granting injunctive relief against Defendant and enforcing several restrictions against the property at issue in this case, holding that the appellate court incorrectly concluded that Plaintiffs lacked standing to enforce the residential use restriction.The trial court granted injunctive relief against Defendant that (1) enforced one restrictive covenant limiting the use of the subject property to residential use, which was contained in a deed that had been executed by the original grantors of the parties' real properties; and (2) enforced two other use restrictions that appeared in a separate declaration that applied to the properties. The appellate court reversed in part the lower court's judgment, concluding that Plaintiffs lacked standing to enforce the restrictive covenant in the deed that limited the use of Defendant's property to residential purposes. The Supreme Court reversed, holding that Plaintiffs had standing to enforce the restrictive covenant limiting the use of the properties to residential purposes only. View "Abel v. Johnson" on Justia Law

The Supreme Court affirmed the judgment of the trial court determining that Defendant, a municipal corporation that provided water to towns and boroughs in southeastern Connecticut, was not liable for the losses of Plaintiff, a hotel owner, when an explosion at Defendant's pumping station caused an interruption in the hotel's water service, holding that there was no error.On appeal, Plaintiff argued that the trial court erred in determining that Defendant could not be held liable for Plaintiff's losses because public policy did not support the imposition of a duty on Defendant under the circumstances of this case. The Supreme Court disagreed and affirmed, holding that the trial court properly determined that public policy did not support the imposition of a duty on Defendant under the facts and circumstances of this case. View "Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority" on Justia Law

The Supreme Court affirmed the judgment of the trial court concluding that Boardwalk Realty Associates, LLC (Boardwalk), the court-appointed receiver of rents, lacked authority under Conn. Gen. Stat. 12-163a to impose and collect rent or use and occupancy payments in the place of the subject property's owner, Cadle Properties of Connecticut, Inc., holding that there was no error.This case centered on the Town of Canton's efforts to collect unpaid property taxes on a parcel of real property that was effectively abandoned Cadle and on which M&S Gateway Associates, LLC and Mitchell Volkswagen, LLC (together, Defendants) operated an automobile dealership. Boardwalk brought a complaint seeking rent and use and occupancy payments from Defendants. The trial court granted summary judgment in favor of Defendants, holding that section 12-163a does not permit a receiver of rents to collect rent or use and occupancy payments if the tax delinquent property owner is absent and nor pursuing those payments. The Supreme Court affirmed, holding that a receiver appointed under section 12-163a is not statutorily authorized to impose and collect rent or use and occupancy payments under the facts and circumstances of this case. View "Boardwalk Realty Associates, LLC v. M & S Gateway Associates, LLC" on Justia Law

The Supreme Court reversed the judgment of the appellate court dismissing Defendant's appeal from the trial court's denial of her motion to open the judgment of strict foreclosure, holding that the trial court did not abuse its discretion by denying the motion.Defendant defaulted on a promissory note, and Plaintiff commenced a strict foreclosure action. After the trial court set the law day, Defendant filed a motion to open the judgment, raising equitable grounds involving alleged misrepresentations by Plaintiff relating to the foreclosure proceedings. The trial court denied the motion. The appellate court dismissed Defendant's appeal as moot. The Supreme Court reversed, holding (1) the claim raised in Defendant's motion was not moot but, rather, was a recognizable claim in equity; and (2) Defendant's claim that the trial court abused its discretion by denying her motion to open the judgment failed. View "U.S. Bank National Ass'n v. Rothermel" on Justia Law

The Supreme Court reversed the judgment of the appellate court affirming the judgments of the trial court dismissing Plaintiff's appeals challenging various text amendments to the Hartford Zoning Regulations and zoning map changes made by the City of Hartford's Planning and Zoning Commission, holding that the appellate court erred.Plaintiff applied for a special permit to construct a restaurant on property that it owned in the City. Thereafter, Plaintiff filed four separate appeals challenging the City's zoning map changes which, if properly adopted, would effectively preclude Plaintiff from obtaining the special permit. The trial court dismissed the appeal on the ground that Plaintiff had failed to exhaust its administrative remedies. The appellate court affirmed. The Supreme Court reversed, holding (1) the appellate court erred in determining that the City's zoning administrator had the authority to void Plaintiff's application for a special permit; and (2) Plaintiff could not have appealed the zoning administrator's action to the zoning board of appeals because it was not a legal decision for purposes of Conn. Gen. Stat. 8-6. View "Farmington-Girard, LLC v. Planning & Zoning Commission of City of Hartford" on Justia Law