8/31/2009
Rainforest Cafe, Inc. v. Dept of Revenue Services - SC18153 ("The dispositive issue in this appeal is whether a retailer can be both a ‘‘nonresident contractor,’’ pursuant to General Statutes (Rev. to 1999) § 12-430 (7), and a ‘‘retailer engaged in business in this state,’’ pursuant to General Statutes (Rev. to 1999) § 12- 411 (3), under the Sales and Use Tax Act, General Statutes § 12-406 et seq. (act). The plaintiff, Rainforest Cafe, Inc., appeals from the summary judgment rendered by the trial court in favor of the defendant, the department of revenue services, in the plaintiff’s tax appeal brought pursuant to General Statutes § 12-422.2 The plaintiff claims that the trial court improperly determined that a nonresident contractor could not also be a retailer engaged in business in this state, and that the plaintiff therefore was not relieved of its tax liability under § 12- 430 (7) even though it had paid taxes pursuant to § 12- 411 (3).") 8/13/2009Director of Health Affairs Policy Planning v. Freedom of Information Commission - SC18286 (Administrative appeal; "The dispositive issue in this appeal is whether certain records held by the plaintiff, the director of health affairs policy planning for the University of Connecticut Health Center, are exempt from disclosure under the freedom of information act (act), General Statutes § 1-200 et seq., pursuant to General Statutes § 19a-17b (d), which protects peer review proceedings from discovery and introduction into evidence in a civil action".)
7/31/2009
Below is a list of administrative appeal Appellate Court opinions issued in July 2009:
AC29703 - Townsend v. Hogan ("On appeal, the plaintiff claims that the court improperly concluded that it lacked subject matter jurisdiction to hear an appeal from a disciplinary hearing decision of the department of correction (department).")
AC30137 - Lash v. Freedom of Information Commission ("The plaintiffs James A. Lash, first selectman of the town of Greenwich, and the Greenwich board of selectment appeal from the judgment of the Superior Court dismissing their administrative appeal from the decision of the defendant freedom of information commission (commission) in favor of the defendant Stephen Whitaker. On appeal before this court, the plaintiffs claim that the Superior Court improperly dismissed the appeal because the commission erroneously (1) found that they violated General Statutes § 1-210 (a) by failing to provide prompt access to certain public records, (2) found that they failed to establish that two specific documents were exempt from disclosure under § 1-210 (b) (10) and (3) imposed a civil penalty of $100 against Lash pursuant to General Statutes § 1-206 (b) (2).") 5/12/2009
Achillion Pharmaceuticals, Inc. v. Law - SC18175 ("In this tax appeal, we consider whether the trial court properly interpreted and applied the terms and provisions of General Statutes §§ 12- 217ee and 12 217n, which concern business tax credits for certain research and development expenses. The plaintiff, Achillion Pharmaceuticals, Inc., appealed to the Superior Court, pursuant to General Statutes § 12- 237, from the decision of the defendant, Pamela Law, the commissioner of revenue services, denying the plaintiff’s request to exchange its research and development tax credit carried forward from income year 2003 for a credit refund in income year 2004 pursuant to §§ 12-217ee and 12-217n. The plaintiff now appeals from the judgment of the trial court rendered in favor of the defendant, dismissing the plaintiff’s appeal after concluding that the plaintiff had failed to comply with the relevant terms of § 12 217n by prematurely attempting to exchange its research and development tax credit from income year 2003.") 4/30/2009
Below is a list of administrative appeal Appellate Court opinions issued in April 2009:
AC26998 - Shah v. Administrator, Unemployment Compensation Act ("The defendant administrator of the Unemployment Compensation Act appeals from the judgment of the Superior Court sustaining the plaintiff’s appeal from the determination by the employment security board of review (board) denying the plaintiff, Crystal M. Shah, unemployment compensation benefits. On appeal, the defendant claims that the court improperly concluded that the plaintiff complied with the requirements of Practice Book § 22-4.")
4/20/2009
Sastrom v. Psychiatric Security Review Board - SC17908, SC17909 ("In these certified appeals, we must determine whether the Superior Court has subject matter jurisdiction to decide the appeals brought by the plaintiffs, Roy Sastrom and Guy Levine, from the declaratory rulings by the defendant, the psychiatric security review board (board), in which the board concluded that §17a-581-44 of the Regulations of Connecticut State Agencies is valid because it does not conflict with General Statutes §17a-599.") 4/13/2009
Moraski v. Connecticut Board of Examiners of Embalmers & Funeral Directors - SC18248 (Administrative appeal; "The plaintiffs contend that the trial court improperly concluded that: (1) their challenge to the board’s summary suspensions had been rendered moot; (2) the board had not abused its discretion or otherwise acted unlawfully in the procedures leading to the revocation of the license and certificate; and (3) the board had not abused its discretion in imposing the penalties of revocation and an excessive fine.") 4/6/2009
Dzienkiewicz v. Dept. of Correction - SC18255 ("The plaintiff...appeals from the decision of the compensation review board (review board) affirming the decision of the workers’ compensation commissioner (commissioner) dismissing his claim for benefits from the named defendant, the department of correction (defendant), on the ground that work stress was not a substantial cause of the plaintiff’s hypertension and stroke. The sole issue in this appeal is whether the review board properly concluded that the commissioner had not abused his discretion by refusing to admit into evidence a decision by the state medical examining board (medical board) awarding the plaintiff disability retirement benefits.") 3/31/2009
Below is a list of administrative appeal Appellate Court opinions issued in March 2009:
AC28698 - Papic v. Burke ("On appeal to this court, the plaintiff claims that (1) federal law preempts the defendant’s authority to penalize him for fraud and misrepresentation, (2) the defendant improperly found that the plaintiff violated §§ 36b- 4 (a) and 36b-6 (c), and (3) the plaintiff was deprived of due process of law.")
AC29348 - Finley v. Commissioner of Motor Vehicles ("The plaintiff...appeals from the trial court’s judgment dismissing his appeal from the order issued by a hearing officer of the department of motor vehicles suspending his motor vehicle operator’s license for one year due to his refusal to take a chemical alcohol test in violation of General Statutes § 14-227b. The plaintiff claims that the court improperly concluded that there was substantial evidence in the record to support the hearing officer’s findings that the plaintiff (1) was identified as the operator of the motor vehicle in question and (2) improperly refused to submit to a chemical alcohol test.")
AC29411 - Pierce v. Lantz ("The plaintiff...an inmate in a state correctional institution, appeals to this court after his administrative appeal, brought in accordance with the Uniform Administrative Procedure Act (UAPA), General Statutes § 4-166 et seq., challenging ‘‘regulations’’ of the department of correction (department) was dismissed in Superior Court. The plaintiff complained in his ‘‘petition,’’ filed with the department, that certain department regulations involving censorship of mail, compact discs and cassette tapes, as well as a 30 percent markup on compact discs and cassette tapes sold at the institution’s commissary were not properly promulgated regulations and, therefore, were unenforceable. It is the claim of the defendant commissioner of correction that the censorship restrictions concerning the mail, compact discs and cassette tapes, as well as the commissary markups were directives or rules and not regulations as defined under the UAPA and, therefore, that the plaintiff’s claim was properly dismissed by the trial court for lack of subject matter jurisdiction.") 3/2/2009
Hogan v. Dept. of Children & Families - SC18009 ("...appeal from department of children and families' decision to place plaintiff's name on statutory (§ 17a-101k) child abuse and neglect registry for injuries sustained by juvenile detainee while under plaintiff's supervision at juvenile detention center; whether registry scheme was unconstitutional as violative of due process and separation of powers, and constituted bill of attainder.") 4/28/2008
Bingham v. Dept. of Public Works - SC17817 [Administrative appeal; whether proposed sale of state owned property to municipalities was subject to environmental impact evaluation pursuant to state environmental policy law (§ 22a-1b [c]); aggrievement under Uniform Administrative Procedure Act (§ 4-166 et seq.).] [docket summary] |
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