Real Estate / Commercial Leasing / Landlord / Tenant

Decision

Grissler v. Zoning Board of Appeals of the Town of New Canaan

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Monday, March 25, 2013

General comprehensive dictionaries define "storage" as the act of putting an item away for future use and the common element among the definitions is that an item must be in a fixed location for an extended period of time.

Decision

Oneco Falls LLC v. Town of Sterling

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Monday, March 25, 2013

To prevail on a cause of action for reverter, for the return of property to a former owner, a plaintiff may be required to prove, by a preponderance of the evidence, that it is the current, and only, holder of the possibility of reverter.

Decision

Kepple v. Dohrmann

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Monday, March 18, 2013

A view easement generally is considered to be a negative easement and, like other negative easements, protects or requires property to be left or maintained in a specific condition.

Decision

Dinardo Seaside Tower Ltd. v. Sikorsky Aircraft Corp.

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Monday, March 18, 2013

In a contract dispute between sophisticated commercial parties to a lease, a court may not be required to instruct a jury to decide any ambiguity in favor of the party that did not draft the contract.

Decision

Hill v. Ocwen Financial Corp.

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Monday, March 11, 2013

Allegations that a state marshal refused to look at documents that established proof of an automatic bankruptcy stay, made inappropriate comments about the tenants' family and evicted the tenants during a snowstorm, can be sufficient to allege reckless, wanton or malicious conduct.

Decision

Berka v. City of Waterbury

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Monday, March 11, 2013

A court can fine a resident who allegedly violates a city ordinance.

Decision

Francini v. Goodspeed Airport LLC

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Monday, March 11, 2013

Connecticut courts do not recognize a cause of action for "easement by necessity" that permits a plaintiff to obtain use of electricity.

Decision

Petrillo v. East Haven Zoning Board of Appeals

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Monday, February 18, 2013

An individual who applies for a variance must furnish proof of exceptional difficulty or unusual hardship, even if the individual owned the property prior to the enactment of zoning regulations in the municipality.

News

Appellate Court Slams the Door

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Friday, February 15, 2013

The Appellate Court attempted to resolve an issue that divided Superior Courts around the state. The issue was whether an assignee of a mortgage note could be liable for the assignor's wrongful conduct. In opting for a bright line approach, the court has regrettably instructed lenders on how to avoid the consequences of wrongful conduct toward the mortgagor and even worse, burdened the wronged mortgagor with multiple lawsuits in order to obtain justice. Fortunately, the Connecticut Supreme Court has granted certiorari in the case.

Decision

Wesfair Partners LLC v. City Plan Commission of the City of Waterbury

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Monday, February 11, 2013

A court can overturn the denial of a special permit application, if substantial evidence in the records fails to support a planning and zoning commission's rationale.