There would be no change in child custody where the facts did not show a material change in circumstances. In Clougherty v. Clougherty, the Connecticut Appellate Court declined to modify the trial court's custody order because certain of the claimed…
There can be no zoning variance absent practical confiscation of the property. The Connecticut Supreme Court determined in Caruso v. Zoning Board of Appeals that land use regulations for a regional development zone did not result in a practical confiscation of a…
No separate claim is required for worker's compensation survivor benefits, according to a Connecticut Supreme Court opinion to be officially released on February 2, 2016. In McCullough v. Swan Engraving, Inc., two years after he left the job, the employee…
Affordable housing trumps local law, according to the Connecticut Appellate Court's decision in Brenmor Properties, LLC v. Planning and Zoning Commission, to be officially released on February 2, 2016. The main issue in this relatively long opinion surrounded an interior road…
A foreclosing plaintiff had standing to foreclose because it was the holder of the note and defendant failed to rebut the resulting presumption of ownership. Also, defendant failed to preserve an appellate challenge to the existence of an agency relationship…
A municipal parking lot is not a nuisance in and of itself, even if it is right next to your house. The Connecticut Appellate Court came to this conclusion in Perry v. Putnam, which will be officially released on February…
The motor vehicle exception to the worker's compensation exclusivity provision did not apply to a police officer's negligence action against a fellow officer, according to a Connecticut Appellate Court opinion to be officially released on February 2, 2016. The facts…
A court cannot open a dissolution judgment absent fraud, the Connecticut Appellate Court re-confirmed in a January 25, 2016 advance release opinion. The court lacks subject matter jurisdiction to open the judgment without finding fraud, even if the parties agree to open it.…
Lack of party mutuality does not bar collateral estoppel. That's what the Connecticut Appellate Court concluded in Pollansky v. Pollansky, which will be officially released on January 26, 2016. The Appellate Court cited two Connecticut Supreme Court decisions from the 1990s for…
A release of lis pendens is not available for the asking. I know that sounds too obvious to require the Connecticut Appellate Court's attention but it's really the only thing worth mentioning about the opinion in Levinson v. Lawrence, to…
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