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Contract Law Appellate Court Opinion

by Oumano, Emily


AC44790 - Metropolitan District Commission v. Marriott International, Inc. (“The plaintiff claims on appeal that the trial court, in ruling on the defendant's postjudgment motion, improperly ordered the discharge of its sewer benefit assessment lien, which the plaintiff argues exceeded the court's jurisdiction and constituted an "unlawful end run around § [7-250] . . . ." The defendant disagrees, contending that the court either had continuing jurisdiction to invalidate the lien as a means of effectuating its summary judgment ruling in favor of the defendant or that it properly acted pursuant to the statutory authority granted it by § 49-51. Alternatively, the defendant argues that the plaintiff's claim is barred by res judicata and/or judicial estoppel. For the reasons that follow, we agree with the plaintiff that the court improperly ordered the sewer benefit assessment lien discharged and reject the defendant's arguments to the contrary. Accordingly, we reverse in part the judgment of the court and remand with direction to deny, in total, the defendant's postjudgment motion.”)