Real Estate / Commercial Leasing / Landlord / Tenant

Decision

Caporaso v. Prospect Zoning Board of Appeals

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Property owners who pursue a community supported agricultural business, in which customers pay a $500 membership fee and drive to the owners' property twice per week to pick up plant and vegetables, can violate the terms of a special permit, if the planning and zoning commission, at the time it issued the special permit, contemplated that produce would be transported off-site for sale.

Decision

Bellini v. The Patterson Oil Co.

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A lease requirement that a tenant provide 90 days' written notice of intent to abandon the premises may not be effective, if the tenant has become a month-to-month tenant.

Decision

Folsom v. Zoning Board of Appeals of the City of Milford

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Evidence that a prior owner installed a sewer lateral on part of a property can be sufficient to prove the property merged with adjacent lots.

Decision

Kawa v. Hartland Zoning Board of Appeals

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A plaintiff is engaged in the business of agriculture and forestry when he develops, manages and sells his own lumber.

Decision

Carter v. Wolf

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A court can reduce attorneys' fees, because a plaintiff was successful on only two of seven counts and some descriptions of attorneys' work were vague.

Decision

Patterson Oil Co. v. Borough of Bantam Planning & Zoning Commission

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Members of a planning and zoning commission may rely on personal knowledge about traffic conditions and safety when they deny a request for a special permit.

Decision

Stovall v. Holzner

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Defendants who lease property may not owe a duty to a trespasser who allegedly backs onto the leased property in an attempt to avoid an assault.

Decision

The Neighborhood Association Inc. v. Limberger

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A condo association may not be required to inform a condo owner about a new proposal to collect fees, if the new proposal does not regulate the conduct of persons or use or appearance of property.

Decision

Tarro v. Mastriani Realty, LLC

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In a commercial eviction action brought under Connecticut General Statutes §47a-42a, the court hearing such action properly has before it not only those issues necessary for a proper determination of the parties' possessory rights in the subject premises, but also any issue that might arise with respect to possessions and personal effects that remain at the subject premises following execution.

Decision

Civitella v. Sanchez

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A court can find that tenants did not exercise an option in the lease to purchase the premises.