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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Accordingly, we look to the definition of the term "using" in order to give independent meaning to this language. "In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language; and technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly." General Statutes § 1-1(a). "To ascertain the commonly approved usage of a word, we look to the dictionary definition of the term." (Internal quotation marks omitted.) Mayfield v. Goshen Volunteer Fire Co., 301 Conn. 739, 746, 22 A.3d 1251 (2011). The verb to "use" means "to put into action or service ... [to] employ...." Merriam-Webster's Collegiate Dictionary (11th Ed.2011). As a transitive verb, it requires and places emphasis on an object. Focus on the object in this case, the dwelling unit or premises is therefore critical to giving full effect to the term using. Thus, we conclude that § 21-80a (b)(1) encompasses material violations of lease provisions that regulate the use of the dwelling unit or premises. In contrast, material violations of provisions that do not entail the active employment of the property would not fall within the exception.[9] The legislature reasonably could have determined that a park owner should be permitted to maintain a summary process action in spite of a resident's protected conduct in these circumstances because such a use of the premises, unlike other conduct that may constitute material noncompliance with the rental agreement, could affect the safety and welfare of other residents.

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