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Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction
Connecticut (state)
Effective Date
2020-09-30

Other Sections in This Document (50)

Full Text

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had discussions with various officials, including repre-
         sentatives of Westport’s planning and zoning, conserva-
         tion, and engineering departments.
            The 180th day following the delivery of the executed
         lease to the defendants occurred on May 21, 2014. At
         that point, no building permit for the retail rug gallery
         or the Subway restaurant had yet been issued. Conse-
         quently, no construction renovations had begun. On
         May 28, 2014, Girouard sent a letter to Nader and Sas-
         soon indicating that the first rent payment was due on
         June 1, 2014. Thereafter, the plaintiffs agreed to grant
         the defendants a five week rent concession. In a letter
         dated June 27, 2014, Girouard informed the defendants
         that the first rent payment was due by July 10, 2014.
         Girouard also informed the defendants that the plain-
         tiffs wanted Girouard to ‘‘exclusively handle all future
         lease and building matters and do not want to be called
         or visited at their residences or place of business.’’ In
         a letter dated July 1, 2014, the plaintiffs informed the
         defendants that ‘‘[n]o further concessions of any kind
         will be granted and [the plaintiffs] are fully expecting
         rental payments to begin July [1].’’ The defendants made
         the July rent payment and continued paying rent
         through November, 2014.
            On June 11, 2014, the defendants obtained a building
         permit for the retail rug gallery portion of the premises.
         Renovations on that portion of the site began some
         time in July, 2014. On July 1, 2014, however, DEEP
         issued an enforcement order finding environmental
         contamination on the property based on the results of
         the tests performed by Absolute Tank and Connecticut
         Tank. The order expressed DEEP’s conclusion that ‘‘an
         unpermitted discharge has occurred at the [s]ite, consti-
         tuting violations of [state regulations and state law],’’
         and ordered the plaintiffs to retain a licensed environ-
         mental professional to oversee the remediation of the
         contamination. The plaintiffs did not notify the defen-
         dants of DEEP’s order. The plaintiffs addressed the con-
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