The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC43853 - Berka v. Middletown (Zoning; municipal blight citation; anti-blight ordinance; whether trial court properly granted defendants' motion to strike plaintiff's request for jury trial, etc.; "The plaintiff . . . appeals from the judgment of the trial court denying his petition to reopen a municipal blight citation assessment and upholding a failure to pay fines notice issued by the defendant city of Middletown (city), with respect to six blight violations that existed on the plaintiff's rental property located at 5 Maple Place in Middletown (property). Specifically, the plaintiff claims that (1) he should have been granted a jury trial, (2) he should have been allowed to raise constitutional issues related to the blight ordinance at his appeal hearing, (3) the blight citation violated his constitutional rights, (4) boarded windows should not constitute blight, (5) it was neither fair nor reasonable to expect him to pour concrete and to paint in the winter, (6) the blight enforcement officer was not qualified to make structural assessments about the property, (7) the siding on his home was not 'seriously damaged,' (8) the outside structural walls of his home were watertight, (9) there was no garbage, rubbish, or refuse being stored or accumulated in public view, and (10) the hearing officer . . . had a conflict of interest. We disagree, and, accordingly, affirm the judgment of the trial court.")