Local Government
Decision
Ortiz v. The Metropolitan District
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Monday, December 17, 2012
Pursuant to the Connecticut Supreme Court's 2001 decision in Ferreira v. Pringle, the trial court does not have subject matter jurisdiction in a municipal highway defect case controlled by Connecticut General Statutes §13a-149, if the plaintiff fails to provide sufficient notice to the defendant municipality.
Decision
Complaint: by Komondy, Chester
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Monday, December 17, 2012
A town committee that selects its nominees at a town committee meeting, as opposed to by a caucus of enrolled members of its party, is not required to provide notice, pursuant to Connecticut General Statutes §9-390(a).
Decision
Brenner, Saltzman & Wallman LLP v. Tony's Long Wharf Transport LLC
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Monday, December 10, 2012
A state marshal may be entitled to immunity from suit, in connection with his performance of execution or service-of-process functions, unless the marshal's conduct was wanton, reckless or malicious.
Decision
We, The People Of Connecticut Inc. v. Malloy; Ludlum v. Malloy; Nelson v. Malloy
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Monday, November 12, 2012
If the legislature enacts legislation that effectively supercedes a governor's executive orders, complaints alleging that the executive orders are unconstitutional will become moot.
Decision
State v. Lombardo Brothers Mason Contractors, Inc.
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Monday, November 12, 2012
The doctrine of nullum tempus occurrit regi, (no time runs against the king), a common law rule that exempts the state from the operation of statutes of limitation and repose and from the consequences of its laches, like the closely related doctrine of sovereign immunity, continues to apply in Connecticut.
Decision
Stango v. Town of Middlebury
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Monday, November 5, 2012
Arranging a concert to be held at a town recreation facility constitutes an activity that is part of the traditional government function of furnishing a public park.
Decision
Smith v. Freedom of Information Commission
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Monday, October 22, 2012
A public agency that attempts to comply, in good faith, with an oral request and promptly provides records to a citizen does not violate the Freedom of Information Act, even if the public agency miscomprehends the citizen's request and does not furnish all the records requested.
Decision
Rokicki v. Putnam Fish & Game Club Inc.
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Monday, October 15, 2012
To qualify for an exception to government immunity, a plaintiff must establish: 1.) an imminent harm; 2.) an identifiable victim; and 3.) a public official to whom it is apparent that his or her conduct is likely to subject the victim to harm.
Decision
Bauer v. Stratton
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Monday, October 8, 2012
An attorney who allegedly fails to meet deadlines is not diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.
Decision
Metropolitan District Commission and AFSCME, Council 4, Local 184
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Monday, October 8, 2012
The Metropolitan District Commission, as a contractor for the Connecticut Resource Recovery Agency, decided to cease operating a waste processing facility.
