Real Estate / Commercial Leasing / Landlord / Tenant

Decision

City of New Haven v. G.L. Capasso Inc.

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A court can order property owners to comply with conditions attached to a special exception that permits the property owners to use a property for business purposes, although the property is located in a residential area.

Decision

Peterson v. Connecticut Attorneys Title Insurance Company

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The plaintiff's withdrawal of her action against the sole owner of the property in question terminated her interest in the lis pendens on the property.

Decision

Tine v. Zoning Board of Appeals of the Town of Lebanon

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The plain meaning of the term "building," as used in Connecticut General Statutes §8-13a(a), refers to an edifice designed to stand permanently, with a roof and walls.

Decision

Capasso v. McGowan

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A seller who allegedly signs a property disclosure report that includes incorrect information about whether the property is located in a flood zone may not possess a continuing duty to disclose the correct information.

Decision

Commission on Human Rights and Opportunities ex. rel. Palmer v. Burkamp

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A court can assess a civil penalty, award damages for emotional distress and award attorneys' fees, as a result of evidence that a landlord allegedly refused to accept a prospective tenant's state-issued security deposit guarantee.

Decision

Archer v. Adams

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A presumption of retaliation may exist, if a landlord attempts to evict tenants within six months of the tenants' good-faith complaint about the habitability of the premises.

Decision

Fusco v. Austin

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For a partition action, Connecticut General Statutes §52-500(a), as amended, permits the court to order an equitable distribution of the property if it determines that one or more of the persons owning the property have only a minimal interest in the property and a sale would not promote the interest of the owners.

Decision

Schwartz v. Hartford Orthopedic

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A commercial landlord's failure to mitigate damages may not qualify as a proper special defense in the landlord's suit alleging nonpayment of rent.

Decision

Heiser v. Board of Directors, Washington Row II Preservation Society Inc.

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Allegations that a condominium association's board of directors charged only some of the owners for the repair of a common element can be sufficient to allege a claim that the board of directors violated Connecticut General Statutes §47-74(b)(1).

Decision

Zappone v. Inland Wetlands and Watercourses Agency of the Town of Woodbury

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A plaintiff may appeal the denial of his original application for site plan approval, even if he filed an amended application that also was denied.