162 Conn.App. 469
Conn. App. Ct.2016Background
- plaintiff Summerhill, LLC owned 12.44 acres in Meriden restricted by ridgeline protection zone.
- City of Meriden considered the property part of Cathole Mountain ridge top; dispute over contractual commitments related to rezoning actions.
- June 5, 2007 meeting between plaintiff's counsel Salvatore and city manager Kendzior involved hiring a geologist; parties dispute whether it created an oral contract.
- Salvatore's undated postmeeting letter claimed defendant would be in a position to advocate removal from the ridgeline zone if a geologist's finding supported it; no response from defendant.
- Trial court granted directed verdicts: against plaintiff in its claims against defendant individually and against city under the Fennell doctrine; judgment affirms no enforceable contract with defendant individually.
- Plaintiff appeals challenging sufficiency of evidence for contract and application of Fennell; appellate court affirms trial court’s directed verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an enforceable contract between plaintiff and Kendzior individually? | Plaintiff contends meeting of the minds formed an oral contract. | Kendzior contends no contract formed with him personally. | No contract; directed verdict affirmed. |
| Was there legally sufficient consideration to support any contract? | Consideration existed via alleged forbearance not to sue. | No valid consideration demonstrated. | Insufficient evidence of consideration. |
| Does the Fennell doctrine shield city/agents from liability here? | Fennell applies to bind the city for acts of its agents. | City/agents not liable if no contract or authority. | Directed verdict for city affirmed; Fennell doctrine applied as to city/agents. |
| Did the evidence warrant submitting any contract claim to a jury? | Evidence supported agreement with defendant. | Evidence insufficient for an agreement. | No; evidence insufficient to submit contract claim to jury. |
Key Cases Cited
- Fennell v. Hartford, 238 Conn. 809 (1996) (agency authority limits municipal liability for contracts)
- Beckenstein Enterprises-Prestige Park, LLC v. Keller, 115 Conn. App. 680 (2009) (directed verdict standards; appellate review)
- Ibar v. Strat ek Plastic Ltd., 145 Conn. App. 401 (2013) (contract formation elements; meeting of minds)
- Sullivan v. Thorndike, 137 Conn. App. 223 (2012) (existence of contract; consideration and minds)
- Perez-Dickson v. Bridgeport, 304 Conn. 483 (2012) (directed verdict standard; sufficiency of evidence)