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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The Appellate Court additionally set forth the relevant procedural background. "The [trial] court concluded that all ... of [the defendants'] special defenses lacked merit. In its memorandum of decision, the court found that the rules and regulations concerning motor vehicle parking were uniformly applied to the park residents. The court, in support of this finding, referred to evidence of similar eviction proceedings the plaintiff had brought against other park residents who also neglected to make payments in connection with excess motor vehicle parking. The court also concluded that the plaintiff's summary process proceeding was not within the purview of § 21-80a because the underlying action was not tainted by a retaliatory motive. The plaintiff's action, rather, was `essentially a continuing effort by the plaintiff to enforce the rules and regulations and resolve a problem that arose long before any of [Nancy] Dickal's involvement in lawsuits against the plaintiff or her other activities.' Finally, the court concluded that the defendants' `"extraordinary"' inequitable forfeiture defense did not apply in these circumstances. Accordingly, the court rendered judgment [of] possession in favor of the plaintiff." Id., at 167-68, 983 A.2d 35.

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