CT Judicial Law Libraries' NewsLog http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/AllPosts.aspx Helping you stay informed about recent legal developments, legal practice tools, and law library resources in Connecticut. Connecticut Judicial Branch Tue, 09 Feb 2010 21:56:48 GMT Windows SharePoint Services V3 RSS Generator 30 Law Libraries' NewsLog: Posts http://www.jud.ct.gov/imgs/LawLibrary/lawliblogo4.gif http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/AllPosts.aspx CT Office of Legislative Research Reports http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1084 Category: FYI;Legal Research
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The Office of Legislative Research (OLR) has issued the following reports:
  • Duty of Mental Health Professionals to Warn of Potentially Violent Conduct by Patients - 2010-R-0024
    You asked whether mental health professionals have a duty to warn law enforcement officials or potential victims of potentially violent conduct by patients    . This report updates the Connecticut portion of OLR report 98-R-0682.

  • Connecticut and New Hampshire ATV Laws - 2010-R-0032
    You asked for a summary of laws requiring all-terrain vehicles (ATVs) to be registered with the state, the reasons why people oppose these laws, the reasons why people oppose allowing ATVs on state land, and an analysis of whether charging people to drive ATVs on state land could generate significant revenue for the state. You also wanted to know about New Hampshire's ATV registration laws and fees, and how the New Hampshire Department of Environmental Services assesses the environmental impact of ATV use on state land.
Published: 2/9/2010 11:35 AM
]]> Yeltema, Karen FYI;Legal Research Tue, 09 Feb 2010 16:28:34 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1084 Supreme Court Advance Release Opinions - 2/8/10 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1082 Category: Recent Decisions;Property Law Opinions
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Branford v. Santa Barbara - SC18089  (Condemnation; offer of judgment; appeal; offer of judgment statute [Rev. to 2005] § 52-192a; whether offer of judgment statute applied to condemnation appeals; "These two consolidated appeals, as well as the two companion cases also decided today; see Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010); New England Estates, LLC v. Branford, 294 Conn. 817, A.2d (2010); arise from the exercise of eminent domain by the defendant town of Branford (town), with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive, in the south central area of town".)

 

Branford v. Santa Barbara - SC18090 (Eminent domain; "The owners claim that the court improperly concluded, on the basis of its determination that the offer of judgment statute conflicts with General Statutes § 8-130, which specifically limits the award of prejudgment interest in condemnation cases, that § 52- 192a cannot be utilized in a condemnation appeal. The owners contend that the eminent domain statutory scheme can be read harmoniously with § 52-192a, and that failure to apply § 52-192a to condemnation appeals would run contrary to that statute’s well established purpose of encouraging pretrial settlements.")

 

New England Estates, LLC v. Branford - SC18132 ("In this action brought pursuant to 42 U.S.C. § 1983 (§ 1983 action), the town appeals  from the judgment rendered, following a jury trial, in favor of the cited in defendants, Thomas Santa Barbara, Jr., and Frank Perrotti, Jr., the owners of the subject property at the time of the taking (owners), and the plaintiff, New England Estates, LLC (New England Estates) a developer that had entered into an option contract with the owners to purchase the property.")
Published: 2/8/2010 11:49 AM
]]> Yeltema, Karen Recent Decisions;Property Law Opinions Mon, 08 Feb 2010 15:55:01 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1082 Supreme Court Advance Release Opinion - 2/8/10 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1081 Category: Recent Decisions;Criminal Opinions
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State v. Winot - SC17696 (Kidnapping in second degree in violation of § 53a-94 (a); attempt to commit kidnapping in second degree in violation of  § 53a-94 (a); risk of injury to child in violation of § 53-21 (a) (1); whether Appellate Court improperly concluded that § 53a-94 [a] was unconstitutionally vague.)
Published: 2/8/2010 11:41 AM
]]> Yeltema, Karen Recent Decisions;Criminal Opinions Mon, 08 Feb 2010 15:33:14 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1081 Supreme Court Advance Release Opinion - 2/8/10 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1080 Category: Recent Decisions;Medical Malpractice Opinions
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Costantino v. Skolnick - SC18327 (Medical malpractice; offer of judgment statute [Rev. to 2005] § 52-192a; declaratory judgment; "The plaintiff sought the declaration after the parties had entered into a settlement agreement (agreement) that required ProMutual to pay Skolnick’s $1 million policy limit to the plaintiff and under which they stipulated that: (1) the agreement was to be considered a verdict and judgment in favor of the plaintiff for purposes of the offer of judgment statute, General Statutes (Rev. to 2005) § 52-192a; and (2) the plaintiff would have been entitled to offer of judgment interest had the case been tried to conclusion.")
Published: 2/8/2010 11:32 AM
]]> Yeltema, Karen Recent Decisions;Medical Malpractice Opinions Mon, 08 Feb 2010 15:32:08 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1080 Advance Release Appellate Court Opinions - 2/8/10 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1079 Body:
Eight Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive.
Published: 2/8/2010 8:46 AM
]]> Yeltema, Karen Mon, 08 Feb 2010 13:48:36 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1079 Municipal Tax Sales (Extra-Judicial) http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1078 Category: FYI;Legal Research;Self-Help
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The 2010 edition of Municipal Tax Sales (Extra-Judicial) has been posted to our research guides page.
 

 

"The statutory method for collection of unpaid real estate taxes with which this case is concerned is the public auction, or ‘tax sale,’ pursuant to General Statutes § 12-157, as amended by Public Act No. 95-228 § 3. Unlike a statutory tax foreclosure; General Statutes §§ 12-181, 12-182; or a civil action in debt to collect the tax; General Statutes § 12-161; a public auction of real estate pursuant to General Statutes § 12-157 is entirely extra-judicial." Pace Motor Lines, Inc. v. Biagiarelli, Superior Court, Judicial District of Bridgeport, Docket No. 318117S, 17 Conn.L.Rptr. 77 (June 24, 1996).

 

Published: 2/5/2010 9:28 AM
]]> Roy, Christopher FYI;Legal Research;Self-Help Fri, 05 Feb 2010 14:21:08 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1078 Land Use Law Opinion - January 2010 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1076 Category: Land Use Opinions;Recent Decisions
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Below is the land use law Appellate Court opinion issued in January 2010:
  • AC30408 - Lallier v. Zoning Board of Appeals (“This case concerns the authority of a zoning board of appeals to reexamine the merits of an earlier order of a planning and zoning commission that had approved a landowner’s plan to improve his property for agricultural purposes by large scale removal of gravel from the property.  ...[The Zoning Board of Appeals maintains] that the court improperly concluded that (1) the underlying approval of the planning and zoning commission could not be collaterally attacked in a cease and desist order and (2) the agricultural operation of the plaintiff’s land that was approved by the commission authorized the plaintiff to sell his gravel.")
Published: 2/3/2010 3:42 PM
]]> Dowd, Jeffrey Land Use Opinions;Recent Decisions Tue, 02 Feb 2010 21:52:36 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1076 Wednesday's Word: Ripeness http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1074 Category: FYI
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  • Ripeness: "[T]he rationale behind the ripeness requirement is to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements.... Accordingly, in determining whether a  case is ripe, a trial court must be satisfied that the case before [it] does not present a hypothetical injury or a claim contingent upon some event that has not and indeed may never transpire." Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 86-87, 952 A.2d 1 (2008)
Published: 2/3/2010 9:14 AM
]]> Booth, George FYI Mon, 01 Feb 2010 20:30:04 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1074 Advance Release Appellate Court Opinions - 2/03/10 http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1077 Body:
Six Connecticut Appellate Court opinions, with one dissent and two memorandum decisions, are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive.
Published: 2/3/2010 9:05 AM
]]> Booth, George Wed, 03 Feb 2010 14:05:28 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1077 Connecticut General Assembly 2010 Regular Session http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1075 Category: FYI;Pending Legislation
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The Connecticut General Assembly (CGA) 2010 regular session begins tomorrow. To read about the issues that may be addressed in the upcoming session, see the OLR Major Issues report. Also, the CGA offers free bill tracking from its Web site. The service alerts you by email whenever there is activity affecting any of the bills you are tracking. According to the CGA, “you have the ability to add individual bills to a list, add all bills introduced by a specific Legislator or Committee, and add all bills co-sponsored by a specific Legislator.” To register, you need to provide your name and email address. For more information, see the bill tracking help page.

CGA website screenshot

Published: 2/2/2010 10:32 AM
]]> Roy, Christopher FYI;Pending Legislation Tue, 02 Feb 2010 15:22:25 GMT http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/ViewPost.aspx?ID=1075