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DILLS v. ENFIELD

(13533)

210 Conn. 705 (1989)

TIMOTHY E. DILLS ET AL. v. TOWN OF ENFIELD ET AL.

Supreme Court of Connecticut.

Decision released April 18, 1989.

Attorney(s) appearing for the Case

Hubert J. Santos, for the appellant (plaintiff Neecon Corporation).

Philip S. Walker, with whom were Joseph L. Hammer and Nora R. Dannehy, for the appellees (defendants).

PETERS, C. J., HEALEY, SHEA, CALLAHAN and COVELLO, JS.

PETERS, C. J.

The principal issue in this appeal is whether the doctrine of commercial impracticability excuses a developer from submitting construction plans when he discovers that necessary financing has become unavailable. The plaintiffs, Timothy E. Dills and the Neecon Corporation, sued the defendants, the town of Enfield (town) and the Enfield development agency (agency), to recover a $100,000 deposit Dills had paid the agency under an option and contract for...

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