Real Estate / Commercial Leasing / Landlord / Tenant

Decision

The Neighborhood Association Inc. v. Limberger

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A condo association may not be required to inform a condo owner about a new proposal to collect fees, if the new proposal does not regulate the conduct of persons or use or appearance of property.

Decision

Stovall v. Holzner

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Defendants who lease property may not owe a duty to a trespasser who allegedly backs onto the leased property in an attempt to avoid an assault.

Decision

Civitella v. Sanchez

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A court can find that tenants did not exercise an option in the lease to purchase the premises.

Decision

Tarro v. Mastriani Realty, LLC

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In a commercial eviction action brought under Connecticut General Statutes §47a-42a, the court hearing such action properly has before it not only those issues necessary for a proper determination of the parties' possessory rights in the subject premises, but also any issue that might arise with respect to possessions and personal effects that remain at the subject premises following execution.

Decision

PWH LLP v. Fore

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A tenant who suffers from autism and receives Social Security disability benefits may not be evicted on the basis of lapse of time, pursuant to Connecticut General Statutes §47a-23c.

Decision

Independent Outdoor III LLC v. Hartford Planning and Zoning Commission

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A plaintiff that possesses a 20-year lease for a billboard can be aggrieved as a result of a planning and zoning commission decision to deny an application to amend zoning regulations, to reduce the amount of separation between billboards.

Decision

RKG Management, LLC v. Roswell Sedona Associates, Inc.

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Although the Connecticut Supreme Court has not explicitly cloaked the right of cross-examination in the civil context in constitutional raiment, dicta from one opinion points in that direction and, whether constitutional or not, the teaching of such precedents and the tradition upon which they are founded is that the right to cross-examination is central to our system of justice and its complete denial entitles the party adversely affected to have testimony untested by cross-examination stricken.

Decision

Stefanoni v. Department of Economic and Community Development

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Connecticut General Statutes §8-30g provides a distinct procedure for affordable housing land use appeals and if a municipality satisfies the requirements in C.G.S. §8-30g(l), the commissioner of economic and community development may issue a certificate of affordable housing completion, a moratorium certificate, which suspends the affordable housing land use appeal process in the municipality.

Decision

Tuzinkiewicz v. Steckel

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Allegations that sellers knowingly made a misrepresentation, when they indicated that they lacked any knowledge about zoning violations, and that the buyer would not have purchased, if he had known about zoning violations, can be sufficient to state a cause of action for fraud.

Decision

Lesiak v. Laskowski

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Connecticut General Statutes §47a-5 provides a private cause of action to tenants, if a landlord does not possess a certificate of occupancy.