O'Reilly v. Valletta
139 Conn. App. 208
| Conn. App. Ct. | 2012Background
- O'Reilly, owner of HUB Associates, LLC (HUB), leased a Branford commercial condo from Valletta for a restaurant.
- HUB renovated the premises, installing two new roofs and a heating system at HUB’s expense after Valletta refused to pay.
- O'Reilly posted advertising signs for HUB’s restaurant on the leased premises; Pformer objected and tried to remove them.
- Pformer, a condominium board member, conducted an unnotified board hearing and the board fined HUB, leading to removal of the signs.
- O'Reilly and HUB sued Valletta and Pformer, alleging breach of lease and CUTPA violations; the CUTPA claim against Pformer was struck.
- The trial court granted judgment for Pformer on the stricken CUTPA count; the issue is whether O'Reilly has standing to sue under CUTPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether O'Reilly has standing to sue under CUTPA | O'Reilly asserts standing as owner of HUB harmed by Pformer | Pformer contends injuries were to HUB, not O'Reilly personally, so no standing | O'Reilly lacks standing; injuries were to HUB, not to O'Reilly personally |
| Whether HUB's injuries were direct to confer standing on O'Reilly | HUB's losses affect O'Reilly as owner | HUB alone, as lessee and business operator, bears the direct harms | Direct harm to HUB; cannot confer standing to O'Reilly; counts lack subject matter jurisdiction |
Key Cases Cited
- Richardson v. Commissioner of Correction, 298 Conn. 690 (2010) (standing and jurisdiction may be raised at any stage)
- McWeeny v. Hartford, 287 Conn. 56 (2008) (standing requires proper party with real interest)
- Retirement Program for Employees of the Town of Fairfield v. Madoff, 130 Conn. App. 710 (2011) (standing; derivative injuries)
- Connecticut State Medical Society v. Oxford Health Plans (CT), Inc., 272 Conn. 469 (2005) (standing, direct injury requirement)
- Ganim v. Smith & Wesson Corp., 258 Conn. 313 (2001) (standing; direct vs. derivative injuries)
- AvalonBay Communities, Inc. v. Orange, 256 Conn. 557 (2001) (LLC as separate entity; standing considerations)
- Litchfield Asset Management Corp. v. Howell, 70 Conn. App. 133 (2002) (LLC as distinct entity; member cannot sue solely by virtue of membership)