Section 21-79

Citation: Section 21-79
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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We conclude that the court’s finding that the home was safe for human habitation was not clearly erroneous in view of the expert testimony of William Scarpetti, a Prospect building official. Mallory v. Mallory, 207 Conn. 48, 55, 539 A.2d 995 (1988). Moreover, the defendant had the burden of showing that the home was unsafe *638under § 21-79 (c) and did not present any such evidence. Accordingly, we need not decide whether § 21-68a is unconstitutional on its face because the statute was not applied in an unconstitutional fashion. A party “cannot mount a constitutional challenge to a statute on the basis of its possible applications in circumstances not presented by his own case, unless first amendment freedoms are affected, a situation not claimed to exist here.” State v. Madera, 198 Conn. 92, 106, 503 A.2d 136 (1985). V

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