Kidder v. Read
93 A.3d 599
Conn. App. Ct.2014Background
- Defendants previously owned real property in Darien and sought wetlands approval to fill a pond and create a pool area; the work received conditions and the wetlands permits were to be followed; plaintiff later purchased the property in 2003 and relied on defendants' representations that a pool site was approved; in 2003 plaintiff installed an inground pool; 2006 department letter found wetlands violations by plaintiff; 2007 plaintiff filed misrepresentation, fraud, and fraudulent concealment suit; defendants moved for summary judgment which was denied; settlement discussions in 2011 led to a contested purported settlement; court later enforced settlement and awarded $15,000, which appeal challenges
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 52-577 bars misrepresentation and fraud claims | Kidder argues tolling or discovery not applicable; fraud claims timely | Read/Read contend notice date of 2003 closing or 2003 permit triggers limitations | Partial grant: misrepresentation/fraud counts barred; fraudulent concealment issues remain for trial |
| Whether fraudulent concealment tolls accrual | concealment by defendants delayed discovery until 2006 letter | No tolling under concealment statute unless timely discovery | Question of material fact as to when statute began for concealment count remains |
| Whether settlement was enforceable against the defendants | There was an agreement on amount and immediate payment | There was no meeting of minds on both amount and payment terms; no enforceable agreement | Settlement enforcement reversed; no enforceable agreement existed |
| Whether the trial court erred in denying summary judgment on fraudulent concealment | Fraudulent concealment shown by defendant awareness and concealment to delay suit | No clear evidence of conscious concealment timing; disputed facts | Remanded for proceedings on fraudulent concealment consistent with opinion |
Key Cases Cited
- Pagan v. Gonzalez, 113 Conn. App. 135 (Conn. App. 2009) (statute of limitations under 52-577 begins at act or omission date)
- Audubon Parking Associates Ltd. Partnership v. Barclay & Stubbs, Inc., 225 Conn. 804 (Conn. 1993) (trial court may summarily enforce settlement within framework of original suit when terms undisputed)
- Massey v. Branford, 118 Conn. App. 491 (Conn. App. 2009) (two-part settlement terms must be agreed; incomplete agreements are not enforceable)
- Falls Church Group, Ltd. v. Tyler, Cooper & Alcorn, LLP, 281 Conn. 84 (Conn. 2007) (elements of fraudulent concealment require awareness, concealment, and delay purpose)