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Land Use Law Appellate Court Opinion

by Booth, George


AC41680 - Procurement, LLC v. Ahuja (Vexatious litigation; zoning appeals; "The plaintiff, Procurement, LLC, brings this action sounding in vexatious litigation, abuse of process, violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes ยง 42a-110g et seq., aiding and abetting, and tortious interference with contractual and business relations, and seeking damages from the defendants Gurpreet Ahuja and Ahuja Holdings, LLC (Holdings), on the ground that they generally sought to impede the plaintiff's development of a mixed use development project. The plaintiff appeals from the judgment of the trial court rendered after the granting of the defendants' motion for summary judgment. On appeal, the plaintiff claims that (1) the trial court erred in concluding as a matter of law that Ahuja's zoning appeals with regard to the plaintiff's proposed development plan were not objectively baseless and, therefore, the sham exception to the Noerr-Pennington doctrine was not applicable, and (2) the court misinterpreted the sham exception under the Noerr-Pennington doctrine. We affirm the judgment of the trial court.")