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26 ¦ SEPTEMBER 7, 2020 CONNECTICUT OPINIONS

Plaintiff appealed from the commission’s adop- The court found that the per stirpe distribution
tion arguing that the commission acted illegally therefore should begin at the level of the child of
and abused their discretion. Plaintiff argued the the decedent, and found in favor of the defen-
amendments were not in conformity with the dants, affirming the trial court’s decision.
comprehensive plan, the commission was not
authorized to engraft restrictions contained in
judicial judgments, and the amendments did not APPELLATE COURT

serve any legitimate land use purpose. The com-
mission argued the plaintiff waived his right to
challenge the amendments by agreeing to the DEALS AND TRANSACTIONS
stipulated judgment limiting muffler and Sunday
races. The trial court found in favor of the defen- Defendant Demonstrated Fair Dealing
dant, except for the challenge as to Sunday rac- and Full Disclosure in Stock Transaction
ing, finding plaintiff had not waived its right to
challenge. Both parties appealed, and the court CASE: Falcigno v. Falcigno
affirmed in part and reversed in part. The court COURT: Connecticut Appellate Court
found the trial court incorrectly interpreted that DOC. NO.: AC 42047
the general statutes preempted the amendments COURT OPINION BY: Bright
and that the amendments illegally prohibited rac- DATE: August 25, 2020 • PAGES: 21
ing on Saturdays. The court found the trial court
correctly determined plaintiff did not waive its Plaintiff, defendant, and a third party are broth-
right as to Sunday races. ers who owned 100 percent of stock in Statewide
Meats and Poultry, a family business. Defendant
owned 60 percent and operated the business, while
the other two brothers owned 20 percent each.
TRUSTS AND ESTATES Plaintiff sought to sell his 20 percent to defendant,

Court Finds Trust Distribution “Per and after agreeing on a price, plaintiff sold his
shares to defendant for $200,000. Approximately
Stirpe” Begins at Issue of Decedent one year later, defendant sold the company for $8
million. Plaintiff sought to re-negotiate the stock
CASE: Schwerin v. Ratcliffe sale price, however defendant refused, and plain-
COURT: Connecticut Supreme Court tiff commenced an action for breach of contract,
DOC. NO.: SC 20208 promissory estoppel, fraudulent concealment, and
COURT OPINION BY: Mullins misrepresentation. The trial court found in favor
DATE: March 30, 2020 • PAGES: 19 of defendant, and plaintiff appealed, arguing the
trial court erred in finding defendant showed he
Two trusts created by different decedents provid- engaged in fair dealings and full disclosure. The
ed that they would expire “upon the death of the court found the defendant’s description of the
last survivor of the grantor” and that upon expi- potential sale as a “dinosaur” was insufficient to
ration the trusts pay out to the “grantor’s issue establish unfair dealings. The court noted the de-
then living, per stirpes.” Plaintiffs are potential fendant encouraged the plaintiff to meet with the
beneficiaries of the trust, and brought a declara- company’s tax accountants, and plaintiff had ac-
tory judgment action asking the court to declare cess to all of the company’s financial information.
that upon the passing of the last measuring life, The court upheld the trial court’s finding.
the principal of the trusts will be distributed to
the grandchildren of each in equal shares, while
defendants also moved for summary judgment
asking the court to declare that the principal will PERSONAL INJURY • PREMISES LIABILITY

be distributed only to the children of one of the Court Reverses Trial Court’s Motion for
grantor’s children, and each of the grandchildren
will be the head of a stirpe. The trial court grant-
ed defendants’ motion for summary judgment, Summary Judgment Where Room for
and plaintiffs appealed. The court noted that, in Disagreement Existed
the absence of express direction, the law favors
equal distribution of a testator’s estate among the CASE: Augustine v. CNAPS, LLC
COURT: Connecticut Appellate Court
branches of his family. The court therefore found DOC. NO.: AC 42987
that if the distribution began at the grandchil- COURT OPINION BY: Elgo
dren’s level, the distribution would be unequal. DATE: August 25, 2020 • PAGES: 7

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