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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Seramonte CT, LLC v. Blau (2025)

Citation
Seramonte CT, LLC v. Blau (2025)
Parent Document
Seramonte CT, LLC v. Blau (2025)
Jurisdiction
Connecticut (state)
Effective Date
2025-12-23

Full Text

2,388 chars
premises, therefore, was not based on the terms or
          language of the lease but, rather, on the provisions of
          §§ 47a-11 (g) and 47a-15, which provide a remedy to
          the landlord on the basis of acts alleged to be a serious
          nuisance.
             Our Supreme Court’s decision in Anderson v. Lati-
          mer Point Management Corp., 208 Conn. 256, 545 A.2d
          525 (1988), provides helpful guidance in the present
          matter. In that case, the plaintiff, a resident of Latimer
          Point, Stonington, commenced an equitable action
          against the defendant, a nonstock corporation created
          to lease, sublease, maintain and improve the Latimer
          Point peninsula, and fourteen present and past directors
          of said corporation. Id., 257–59. The basis for the action
          was the denial by the defendant corporation of the
          plaintiff’s request to add a second story to his dwelling.
          Id., 260. In that action, the plaintiff sought an injunction
          that restrained the defendants from interfering with his
          proposed use of the leased property in a number of
          respects. Id. He also requested, among other things,
          attorney’s fees. Id., 259. The defendants, in turn, filed a
          counterclaim in which they sought an injunction against
          the plaintiff with respect to the use of the property.
          Id., 265.
             In ruling on the plaintiff’s complaint, the trial court
          found some issues in favor of the plaintiff and some
          in favor of the defendants. Specifically, the trial court
          enjoined the defendants from ‘‘(1) interfering with the
          plaintiff’s maintenance of certain shrubs, trees and
          other vegetation; (2) interfering with the plaintiff’s
          membership in [the defendant corporation] upon his
          payment of certain past due assessments; (3) pursuing
          the collection or levy of past fines from the plaintiff;
          and (4) pursuing a contemplated eviction of the plain-
          tiff.’’ Id., 258. The court did not, however, grant an
          injunction restraining the defendant corporation’s inter-
          ference with his proposed second story addition to this
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