DocketNumber: No. CV01 0810999 S
Citation Numbers: 2001 Conn. Super. Ct. 16513
Judges: BEACH, JUDGE.
Filed Date: 12/10/2001
Status: Non-Precedential
Modified Date: 7/5/2016
The parties agree that the appropriate standards for the granting of a stay pending appeal are those stated in Griffin Hospital v. Commission onHospitals,
The probability of success on the merits is problematic. The plaintiff claims that it was not allowed a hearing to present its case. There was, however, a hearing of sorts, but it is true that certain evidence was not presented. Judge Fineberg held that on a consideration of the papers which were claimed to constitute the contract, enforcement of the contract would be barred by the Statute of Frauds, §
On balance, I find the ultimate issue of whether there is no probable cause to support the underlying action to weigh no better than evenly. The Appellate Court may find that on the record, there was no need for the evidence proffered by the plaintiff or that, if offered, it would make no difference. In addition to the considerations stated by Judge Fineberg, the letter by Building Traditions dated May 8, 2001, claimed to the the acceptance, includes language suggesting that the defendants' attorney draft, among other documents, a purchase and sale agreement. This language would seem to suggest that the paperwork up to that point was not a purchase and sale agreement. In any event, I find that the factor of likelihood of success on the merits weighs no better than even for the plaintiff
As to the prospect of irreparable injury, I do find it more likely than not that, if the stay is not granted, the plaintiff will lose the remedy of specific performance and will probably not acquire the parcel in issue. This does not, however, mean that all remedies will be lost, as the remedy of damages may be able to compensate the plaintiff adequately. I find this factor weighs slightly in the plaintiff's favor. CT Page 16515
As to the effect of a stay on the parties, I find that the defendants would be harmed considerably. They have to pay approximately $12,000 per year in taxes and loan repayments on the land, and they wish to build a home for themselves on one of the parcels. They apparently have a buyer who is now ready, willing and able to purchase. I find this factor weighs quite heavily in favor of the defendants.
Finally, I find that there is little public interest in this matter. To the limited extent that there is a public policy involved, I note that public policy very generally favors the alienability of property. Although this factor is very minor in the context of this case, I find that it slightly favors the defendants.
On balance, and after considering the equities, I find that the motion for the stay pending appeal should be and is denied.
Beach, J.