DocketNumber: No. 342285
Citation Numbers: 1992 Conn. Super. Ct. 1917, 7 Conn. Super. Ct. 368
Judges: SPADA, J.
Filed Date: 2/27/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The facts, not seriously disputed, established that on February 16, 1988 the Town of Manchester (hereinafter "Town") entered into a tax assessment agreement with the defendant, The Mall at Buckland Hills Partnership, (hereinafter "defendant"). The plaintiff is a resident and taxpayer of Manchester who was previously found to be aggrieved.
The agreement is an abatement of taxes authorized by General Statutes
The Town required certain traffic improvements to roads surrounding the mall site. The defendant was further required to implement water and sewer improvements on the situs. In consideration for these improvements, the Town agreed to fix the assessment at a lower level for seven years. This Agreement, executed in pursuance to
The plaintiff challenges the Agreement on sundry statutory and constitutional grounds.
The defendant filed a motion for summary judgment on November 20, 1991 contending that there are no material facts in dispute. Further, the defendant correctly asserts that when the only issue in dispute is the interpretation of a contract Bank of Boston v. Schlesinger,
The essence of the plaintiff's case is that the Agreement "provides for an unfair and arbitrary assessment figure . . . ." (Plaintiff's Brief, Jan. 20, 1992, p. 6); and that because it is not statutorily exempt it violates the assessment standards of General Statutes
It is axiomatic that the reasonableness or interpretation of a contract is an issue of law; and that the interpretation or reconciliation of claimed inconsistent statutes is further reserved to the courts for determination.
It is not seriously disputed that the General Assembly is authorized to enact legislation granting to municipalities the power to negotiate rational and flexible positions of property assessments in order to encourage their maximum development.
Implicit in
The essence of the defendant's posture is that the Agreement is legal and executed in conformity with
The plaintiff charges that the "Agreement grossly undervalues the land at issue." (Brief, id., p. 9). "If a municipality were to have such a power, nothing would prevent a town from setting the level . . . possibly even at zero." Id. These charges may not prevail, but they nevertheless merit a forum for their rejection or acceptance. Substantial evidence will no doubt be required to resolve these charges.
The defendant's contention that "because as a matter or law the Agreement complies with
The defendant's implied assertion that an Agreement under
The plaintiff's thrust is that the Town acted in abuse of its discretion, power and the public trust. She should not be denied the opportunity to present evidence to prove these charges. This can only be achieved by having this matter assigned for trial before the proper tribunal.
The motion for summary judgment is denied without prejudice.
The court acknowledges the superior briefs submitted by both sides.
So Ordered:
ARTHUR L. SPADA, J.