parties agree rule (Connecticut) · Go Syfert
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parties agree rule in Connecticut

8 Connecticut opinions name it 3 courts 1992–2021 1 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Powers v. Grenier Construction, Inc.green
connappct · 1987 · cited in 1 Connecticut opinions naming this issue, 2012–2012
2 sentences

2012Ed. 2d 61 (2005), quoting 1 Restatement (Third), Property, Servitudes § 4.13 (1), p. 631 (2000); Powers v. Grenier Construction, Inc., 10 Conn. App. 556, 560 , 524 A.2d 667 (1987) (“[tjhe duty of maintaining an easement so that it can perform its intended function rests on the owner of the easement absent any contrary agreement”).

2012Ed. 2d 61 (2005), quoting 1 Restatement (Third), Property, Servitudes § 4.13 (1), p. 631 (2000); Powers v. Grenier Construction, Inc., 10 Conn. App. 556, 560 , 524 A.2d 667 (1987) (“[tjhe duty of maintaining an easement so that it can perform its intended function rests on the owner of the easement absent any contrary agreement”).

11
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 1 Connecticut opinions naming this issue, 1995–1995
2 sentences

1995See Harlow v. Fitzgerald, 457 U.S. 800 , 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

1995See Harlow v. Fitzgerald, 457 U.S. 800 , 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

11
Latimer v. Administratorgreen
conn · 1990 · cited in 1 Connecticut opinions naming this issue, 1993–1993
2 sentences

1993See Latimer v. Administrator, 216 Conn. 237, 246 , 579 A.2d 497 (1990).

1993See Latimer v. Administrator, 216 Conn. 237, 246 , 579 A.2d 497 (1990).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
National City Mortgage Co. v. Stoecker green
connappct · 2006
2 sentences

2021The parties agree that our standard of review is ple- nary. ‘‘When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.’’ (Internal quotation marks omitted.) National City Mortgage Co. v. Stoecker, 92 Conn. App. 787, 792 , 888 A.2d 95 , cert. denied, 277 Conn. 925 , 895 A.2d 799 (2006).

2021The parties agree that our standard of review is ple- nary. ‘‘When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.’’ (Internal quotation marks omitted.) National City Mortgage Co. v. Stoecker, 92 Conn. App. 787, 792 , 888 A.2d 95 , cert. denied, 277 Conn. 925 , 895 A.2d 799 (2006).

12021–2021
State v. Crawley green
conn · 2006
2 sentences

2021The parties agree that our standard of review is ple- nary. ‘‘When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.’’ (Internal quotation marks omitted.) National City Mortgage Co. v. Stoecker, 92 Conn. App. 787, 792 , 888 A.2d 95 , cert. denied, 277 Conn. 925 , 895 A.2d 799 (2006).

2021The parties agree that our standard of review is ple- nary. ‘‘When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.’’ (Internal quotation marks omitted.) National City Mortgage Co. v. Stoecker, 92 Conn. App. 787, 792 , 888 A.2d 95 , cert. denied, 277 Conn. 925 , 895 A.2d 799 (2006).

12021–2021
State v. Kitchens green
conn · 2011
2 sentences

2017The parties agree that this claim of instructional error is unpreserved and may be subject to the implied waiver announced in State v. Kitchens , 299 Conn. 447 , 482-83, 10 A.3d 942 (2011).

2017The parties agree that this claim of instructional error is unpreserved and may be subject to the implied waiver announced in State v. Kitchens , 299 Conn. 447 , 482-83, 10 A.3d 942 (2011).

12017–2017
Wood v. Connecticut Savings Bank green
conn · 1913
2 sentences

2014See generally In re Avirex R., 151 Conn. App. 820 , 833–34, 96 A.3d 662 (2014) (despite court’s use of improper subsection of § 46b-129, impropriety was harmless because court properly found that transfer of guardianship was in child’s best interest and that guardian was suitable and worthy); In re Elvin G., supra, 310 Conn. 506 (court’s failure to provide statuto- rily mandated steps was harmless because, ‘‘even if such steps had been provided, they could not have made a difference in the trial court’s finding of the respondent’s failure to rehabilitate’’). ‘‘Errors of law constitute no groun

2014See generally In re Avirex R., 151 Conn. App. 820 , 833–34, 96 A.3d 662 (2014) (despite court’s use of improper subsection of § 46b-129, impropriety was harmless because court properly found that transfer of guardianship was in child’s best interest and that guardian was suitable and worthy); In re Elvin G., supra, 310 Conn. 506 (court’s failure to provide statuto- rily mandated steps was harmless because, ‘‘even if such steps had been provided, they could not have made a difference in the trial court’s finding of the respondent’s failure to rehabilitate’’). ‘‘Errors of law constitute no groun

12014–2014
Schwartz v. Murphy green
conn · 2003
1 sentence

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
Weihing v. Silbert green
conn · 2003
1 sentence

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
Schwartz v. Murphy green
connappct · 2002
2 sentences

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
Shore Club Condominium Ass'n v. National Labor Relations Board green
scotus · 2005
1 sentence

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
Eliakim v. Florida green
scotus · 2005
1 sentence

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
New York Coastal Partnership, Inc. v. Department of the Interior green
scotus · 2005
1 sentence

2012The parties agree on the rule of law that “[ujnless the terms of a servitude . . . provide otherwise . . . [tjhe beneficiary of an easement . . . has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate . . . that are under the beneficiary’s control, to the extent necessary to (a) prevent unreasonable interference with the enjoyment of the servient estate . . . .” (Internal quotation marks omitted.) Schwartz v. Murphy, 74 Conn. App. 286 , 297 n.7, 812 A.2d 87 (2002), cert. denied, 263 Conn. 908 , 819 A.2d 841 (2003), cert. denied, 546 U.S. 820

12012–2012
Waters v. Autuori green
conn · 1996
2 sentences

2003In ruling on this motion to strike, "the court is limited to the facts alleged in the complaint." Waters v. Autuori , 236 Conn. 820 , 825 , 676 A.2d 357 (1996).

2003In ruling on this motion to strike, "the court is limited to the facts alleged in the complaint." Waters v. Autuori , 236 Conn. 820 , 825 , 676 A.2d 357 (1996).

12003–2003
Liberman v. Beckwith green
· 1906
1 sentence

1992Defendant cites the case of Lieberman v. Beckwith, 79 Conn. 317 (1906), which says, at pages 319, 320: It is competent for parties to a contract for sale to agree that the thing which is the subject of the contract shall be satisfactory to the vendee, and that the contract shall not be binding on the vendee unless, after examination of the thing or at the time fixed for delivery and payment, the vendee is satisfied with the thing.

11992–1992

Where else courts name it

CA 51 (1953–2025) IL 45 (1968–2026) TX 17 (1947–2022) FL 14 (1973–2024) KS 12 (1996–2026) CO 12 (1981–2025) WA 12 (1988–2021) WI 11 (1996–2025) OH 10 (1993–2023) MA 8 (2011–2026) CT 8 (1992–2021) IA 6 (2009–2026) MN 6 (1981–2026) IN 5 (2007–2013) MO 5 (1959–2016) AL 5 (1993–2017) NY 4 (1960–1993) ME 3 (2006–2022) NV 3 (2015–2015) OK 3 (1944–1996) MD 3 (1993–2016) MI 3 (1999–2025) VA 3 (1986–2022) LA 3 (1993–2013) DE 3 (2011–2021) NM 3 (2005–2013) OR 3 (2008–2026) WY 2 (1998–2019) NH 2 (1979–2010) AK 2 (1981–2025) UT 2 (1987–1995) SD 2 (1975–1975) TN 2 (1998–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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