The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Property Law Supreme Court Opinion

   by Zigadto, Janet

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=730

SC19693 - Wellswood Columbia, LLC v. Hebron ("In Wellswood Columbia, LLC v. Hebron, 295 Conn. 802, 804–805, 825, 992 A.2d 1120 (2010) (Wellswood I), this court reversed the judgment of the trial court, which denied the application of the plaintiffs, Wellswood Columbia, LLC (Wellswood), and its managing partner, Ronald Jacques, for a permanent injunction barring the defendant, the town of Hebron (town), from closing a road that provided the sole existing access to a property that Wellswood owned in the adjoining town of Columbia. Shortly after the trial court issued the injunction upon remand from this court, the plaintiffs commenced the present action against the town seeking damages for, inter alia, a temporary taking, temporary nuisance and tortious interference with the plaintiffs' business expectancies. The trial court, Elgo, J., granted the town's motion for summary judgment on the ground that the plaintiffs' claims were barred by the doctrine of res judicata because they arose out of the same operative facts as the plaintiffs' claim for injunctive relief and, therefore, should have been brought in Wellswood I. On appeal, the plaintiffs claim that the trial court incorrectly determined that their claims in the present action are barred by the principles of res judicata. We disagree and, accordingly, affirm the judgment of the trial court.")

Connecticut Law Journal - October 31, 2017

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=729

Foreclosure Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=726

AC39219 - U.S. Bank National Assn., Trustee v. Blowers ("In this mortgage foreclosure action, the defendant Mitchell Piper, appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, U.S. Bank National Association, as Trustee for the Holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2005-FF10. On appeal, Piper claims that the court improperly granted the plaintiff’s motion to strike the defendants’ special defenses and counterclaims. Specifically, he contends that the court improperly required the special defenses to directly relate to and the counterclaims to have a sufficient nexus to the making, validity, or enforcement of the note and mortgage. Instead, Piper argues, the court should have applied a ‘straightforward version of the transaction test with allowances for equitable considerations’ to both the special defenses and counterclaims. Additionally, Piper claims that even if the court did not err in applying the making, validity, or enforcement requirement, the counterclaims and special defenses should have survived a motion to strike under a broad reading of the term ‘enforcement.’ Finally, Piper claims that the court erred in its determinations that no binding modification to the defendants’ loan existed, that, if such modification existed, the defendants defaulted on the loan, and that all of the plaintiff’s alleged misconduct took place during foreclosure mediation. We disagree with Piper contentions and, accordingly, affirm the judgment of the trial court.")


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