Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)

Citation: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Parent Document: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Jurisdiction: Connecticut (state)
Effective Date: 2012-06-26
Original Source: https://www.courtlistener.com/opinion/2295282/fairchild-heights-inc-v-dickal/ ↗

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On appeal, the defendants claim that judgment of possession should be granted in their favor because the plaintiff's summary process action was barred under § 21-80a. Specifically, they argue that the Appellate Court improperly interpreted *630 § 21-80a (b)(1) to allow the plaintiff to maintain the summary process action against them, notwithstanding their protected conduct, upon a showing that they violated a material provision of the applicable rental agreement. Although we agree with the defendants that the Appellate Court's interpretation of § 21-80a (b)(1) is not permitted by the statutory language, we nevertheless conclude that the Appellate Court properly determined that § 21-80a (b)(1) would allow the plaintiff to maintain a summary process action against the defendants. Accordingly, we conclude that the Appellate Court properly affirmed the trial court's judgment of possession in favor of the plaintiff.

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