184 Conn. App. 385
Conn. App. Ct.2018Background
- Town of Glastonbury filed a tax-lien foreclosure in Nov. 2012 against two properties owned by John Alan Sakon for unpaid taxes (2009–2013).
- Over ~5 years the case generated extensive litigation (≈335 filings) including multiple answers, amended pleadings, three motions to strike, defaults, and counterclaims that were repeatedly struck as legally insufficient.
- After summary judgment as to liability, the town moved for judgment of foreclosure by sale; at the foreclosure hearing the town submitted appraisals and an updated attorney-fee affidavit seeking $68,982.22 and $65,997.21 for the two properties.
- The trial court entered foreclosure by sale and awarded the full attorney’s fees requested; Sakon moved to reconsider as to fees only.
- At the fee rehearing the town’s attorney testified and produced contemporaneous billing records; Sakon testified and challenged the reasonableness of the total $140,479.43 award as excessive compared to the liens and similar cases.
- The trial court found the hours and billing credible and reasonable given Sakon’s numerous filings that prolonged the case, and this appeal followed challenging only the attorney-fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to recover attorney's fees | Statutory right under Conn. Gen. Stat. § 12-193 to recover reasonable fees in tax-lien foreclosures | N/A (defendant disputed amount, not statute) | Town entitled to recover reasonable attorney’s fees under § 12-193 |
| Reasonableness of the fee amount | Fees reasonable given time records, billing, complexity and repeated, nearly frivolous filings that prolonged litigation | Total $140,479.43 is excessive relative to lien amounts and fees in similar cases | Trial court did not abuse discretion; awarded fees upheld |
| Adequacy of evidentiary procedure on fees | Court held evidentiary hearing; attorney testified and records produced; defendant had opportunity to examine witness | Defendant argued he needed accommodation to present expert testimony and subpoenaed appraiser (partly quashed) | Hearing was adequate; expert testimony not required; court credited attorney’s testimony |
| Appellate review scope / procedural challenges | Town moved to dismiss untimely/challenged portions; only fee award was properly before court | Defendant attempted to challenge foreclosure judgment and other rulings on appeal | Appeals court dismissed untimely challenges and limited review to fee award; defendant abandoned other issues by inadequate briefing |
Key Cases Cited
- Glastonbury v. Sakon, 172 Conn. App. 646 (Conn. App. 2017) (prior appellate decision recounting case history)
- East Windsor v. East Windsor Housing, Ltd., LLC, 150 Conn. App. 268 (Conn. App. 2014) (standard of review and factors for attorney-fee reasonableness)
- LPP Mortgage, Ltd. v. Lynch, 122 Conn. App. 686 (Conn. App. 2010) (deference to trial court credibility determinations)
- State v. Franklin, 115 Conn. App. 290 (Conn. App. 2009) (trial court’s province to assess witness credibility)
- St. Onge, Stewart, Johnson & Reens, LLC v. Media Group, Inc., 84 Conn. App. 88 (Conn. App. 2004) (expert testimony not required for fee reasonableness)