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 Appellate Court Opinions

by Zigadto, Janet

 

AC37620 - Mangiafico v. Farmington (Injunction; "The plaintiff . . . appeals from the judgment of the trial court dismissing four of the five counts in his complaint and rendering summary judgment on the remaining count. In his complaint, the plaintiff alleged that the actions of the municipal defendants, the town of Farmington (town) and five individuals sued in their official capacities (individual defendants), in placing his residential property on the town's blight list, issuing citations for blight violations, imposing daily fines for blight violations and recording liens on his property for failing to pay those fines, violated his due process rights, constituted an unconstitutional taking of his property, and inflicted severe emotional distress. The plaintiff sought declaratory and injunctive relief, a discharge of the municipal blight liens, and indemnification by the town for damages caused by the individually named defendants.

On appeal, the plaintiff claims that the court improperly granted the defendants' motion to dismiss on the ground that he had failed to exhaust his administrative remedies as provided by statute and the Code of the Town of Farmington (code). Further, the plaintiff claims that the court improperly granted the defendants' motion for summary judgment on his count seeking discharge of the municipal blight liens on the ground that he could not collaterally attack the validity of the assessments underlying those liens. We affirm the judgment of the trial court.")

AC37976 - Mangiafico v. Farmington (Petition to open blight citation; "The defendant, the town of Farmington (town), appeals from the judgment rendered by the trial court . . . in favor of the plaintiff . . . on his 'Petition to Reopen Assessment.' The plaintiff's petition challenged the town's issuance of various citations for violations of the town's blight ordinance. On appeal, the town claims that the court . . . improperly (1) denied its motion to dismiss the plaintiff's action for lack of subject matter jurisdiction, and (2) determined that the town was judicially estopped from arguing that the plaintiff's claims were not ripe for adjudication because it had taken an inconsistent position in a prior action between the parties. We agree with the town's claims and, accordingly, remand the case to the trial court with direction to dismiss the plaintiff's action.")