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CONNECTICUT PROPERTIES v. SEYMOUR CINEMA

No. 24264.

854 A.2d 756 (2004)

84 Conn.App. 569

CONNECTICUT PROPERTIES TRI-TOWN PLAZA, LLC v. SEYMOUR CINEMA, INC.

Appellate Court of Connecticut.

Officially released August 17, 2004.

Attorney(s) appearing for the Case

Lloyd L. Langhammer, Groton, with whom, on the brief, was Mark E. Block, Norwich, for the appellant-cross appellee (plaintiff).

Craig S. Taschner, Hartford, for the appellee-cross appellant (defendant).

FOTI, SCHALLER and PETERS, Js.

Opinion

PETERS, J.

This appeal arises out of a contractual dispute between the owner of a shopping center and one of its tenants about costs associated with the construction of a retaining wall to the rear of the tenant's movie theater. The owner maintains that the tenant bore this obligation because of two provisions in the lease, one requiring the tenant to comply with local land use regulations and another requiring the tenant to pay all costs...

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