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VIP OF BERLIN, LLC v. TOWN OF BERLIN

No. 18039.

946 A.2d 1246 (2008)

287 Conn. 142

VIP OF BERLIN, LLC v. TOWN OF BERLIN et al.

Supreme Court of Connecticut.

Decided May 27, 2008.

Attorney(s) appearing for the Case

Daniel A. Silver, New Britain, for the appellant (plaintiff).

Erika L. Amarante, New Haven, with whom were Robert G. Huelin, Hartford, and, on the brief, Robert F. Weber, Jr., New Britain, for the appellees (defendants).

ROGERS, C.J., and NORCOTT, KATZ, PALMER and SCHALLER, Js.

PER CURIAM.

The plaintiff, VIP of Berlin, LLC, brought this action against the defendants, the town of Berlin (town), and the town manager, Herman Middlebrooks, Jr., seeking a judgment declaring that the town's enactment of § 14-291 (c) of the Berlin municipal code1 constitutes an ultra vires act, and that the provision is, therefore, unenforceable. The parties filed cross motions for summary judgment and the trial court rendered...

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