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.

Declaratory Judgment Law Appellate Court Opinion

by Roy, Christopher


AC42630 - Derblom v. Archdiocese of Hartford ("The plaintiffs—Maria J. Derblom, in her capacity as the executrix of the estate of Fred H. Rettich; eleven former students of Our Lady of Mercy School (OLM), a defunct Catholic school in Madison, and their parents; and Our Lady of Mercy School of Madison, Inc., which operates a private school that purports to be the successor of OLM—appeal from the judgment of the trial court granting a motion to dismiss filed by the defendant, the Archdiocese of Hartford, on the ground that the plaintiffs lack standing to bring an action concerning a bequest from Rettich to OLM. According to the plaintiffs, the court improperly (1) construed Rettich's bequest as an outright gift to OLM rather than as an endowment that resulted in a constructive charitable trust and (2) concluded that the plaintiffs lack standing because the state's attorney general has the exclusive authority to bring an action to enforce Rettich's gift and that the plaintiffs' reliance on a common-law special interest exception to that exclusive authority was misplaced because the exception is limited to actions involving charitable trusts and, thus, is not applicable in the present case. We disagree with the plaintiffs and affirm the judgment of the court.")