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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*644In Fresh Pond Shopping Center, Inc. v. Callahan, supra, the property owner challenged a Cambridge city ordinance that required him to obtain permission from the Cambridge Rent Control Board to remove property from the rental housing market. He claimed that the ordinance authorized a tenant of the shopping center to remain indefinitely. An equally divided Massachusetts Supreme Judicial Court affirmed the decision of the trial court that the ordinance as applied to the property owner did not violate the takings clause. Id. The United States Supreme Court dismissed the property owner’s appeal for want of a substantial federal question. Id. Dismissals for want of a substantial federal question are decisions on the merits of the federal question presented to the court. Mandel v. Bradley, 432 U.S. 173, 176, 97 S. Ct. 2238, 53 L. Ed. 2d 199 (1973); Troy Ltd. v. Renna, 727 F.2d 287, 303 (3d Cir. 1984). Although Fresh Pond Shopping Center, Inc., is of limited value as an authority because the majority, despite the lone dissent of Justice Rehnquist, did not provide an opinion, the case is significant to the extent that the court dismissed an appeal challenging under the takings clause an ordinance that in many ways is more onerous to property owners than our statute. In Fresh Pond Shopping Center, Inc., the property owner could not remove an entire apartment building from the rental market in order to use the land for a different purpose. In addition, the Cambridge ordinance provided for rent control. As we have noted previously, § 21-80 (b) (1) (E) permits the operator of a mobile home park to terminate a rental agreement if he wishes to use the land for a different purpose, subject to a notice requirement of one year.

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