145 Conn. App. 438
Conn. App. Ct.2013Background
- Town of Canton petitioned under § 12-163a to appoint a receiver of rents for Cadle Properties due to delinquent real property taxes.
- Cadle owned the property; tenant Mitchell Volkswagen occupied and was obligated to pay rents to Cadle.
- Court appointed the receiver on June 23, 2011, and later granted a modified order on October 25, 2011.
- Tenant intervened in September 2011; December 2011 intervention was granted; tenant later challenged the scope of authority.
- Receiver sought eviction power, new tenancy, and broad collection of back rents; court granted modification allowing broader remedies.
- Tenant moved to remove the receiver (February 1, 2012); court denied removal but clarified limits (back taxes not authorized).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is from a final judgment and thus reviewable | Town contends no appealable final judgment exists. | Tenant argues denial of removal is appealable as part of final resolution. | Appellate jurisdiction exists; denial of removal raised in final judgment. |
| Whether the court lacked subject matter jurisdiction to appoint a receiver under § 12-163a | Town argues lack of notice undermines jurisdiction. | Tenant contends lack of notice invalidates appointment. | Court had subject matter jurisdiction; appointment proper. |
| Whether the court exceeded its authority by granting the receiver modification | Town asserts modification broadened duties beyond § 12-163a. | Tenant argues modification exceeded statutory authority; removal should reverse it. | Modification was improper; removal should reverse the modified portion. |
| Whether the phrase 'forthcoming' rents allows collection of back rents | Town argues 'forthcoming' includes all rents in question. | Tenant argues only rents due on/after appointment may be collected. | Receiver may collect only rents forthcoming on/after appointment; past due rents not authorized. |
Key Cases Cited
- Connecticut Light & Power Co. v. DaSilva, 231 Conn. 441 (1994) (interprets § 16-262f; sui generis treatment; strict construction of statute)
- Southern Connecticut Gas Co. v. Housing Authority, 191 Conn. 514 (1983) (receivership proceedings are sui generis; limited equitable scope)
- Fedus v. Planning & Zoning Commission, 278 Conn. 751 (2006) (notice concepts; distinction between citation and notice)
- Curry v. Allan S. Goodman, Inc., 286 Conn. 390 (2008) (statutory interpretation: look to text, history, and structure)
- Felician Sisters of St. Francis of Connecticut, Inc. v. Historic District Commission, 284 Conn. 838 (2008) (ambiguity and harmonization in statutory construction)
- Mailly v. Mailly, 13 Conn. App. 185 (1988) (appealability of denial of a motion related to judgments)