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Property Law Appellate Court Opinion

by Zigadto, Janet


AC44843 - Ah Min Holding, LLC v. Hartford ("The plaintiff, Ah Min Holding, LLC, appeals from the judgment of the trial court, rendered in favor of the defendant, the city of Hartford, on the plaintiff's claims that the defendant breached a tax abatement agreement (agreement) regarding properties owned by the plaintiff and known as the Clay Arsenal Renaissance Apartments (CARA properties) and that the defendant was unjustly enriched by that alleged breach. On appeal, the plaintiff argues that the court improperly (1) read into the agreement a term that the plaintiff must comply with the General Statutes and certain provisions of the defendant's Municipal Code (code) relating to the maintenance of dwelling units, (2) concluded that the defendant had a contractual right to terminate the agreement, and (3) concluded that the plaintiff failed to prove that the defendant breached the agreement. The defendant argues in response that the court properly read the related statutes and code provisions into the agreement. Further, the defendant argues that, because those provisions properly were read into the agreement, the court correctly determined that the defendant had the contractual right to terminate the agreement because the plaintiff failed to maintain the properties in accordance therewith and that the plaintiff failed to prove that the defendant breached the agreement. We agree with the defendant and, therefore, affirm the judgment.")