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Benchmark Municipal Tax Services, Ltd. v. Greenwood Manor, LLC

Appellate Court of Connecticut

November 19, 2019

BENCHMARK MUNICIPAL TAX SERVICES, LTD.
v.
GREENWOOD MANOR, LLC, et al.

         Argued September 13, 2019

         Superior Court, Judicial District of Bridgeport, Radcliffe, J.

Page 502

[Copyrighted Material Omitted]

Page 503

          Jonathan J. Klein, Bridgeport, for the appellant (substitute defendant-cross claim plaintiff Main Street Business Management, Inc.).

         Thomas W. Moyher, Westport, with whom, on the brief, was James M. Nugent, Milford, for the appellee (cross claim defendant Manuel Moutinho).

         Juda J. Epstein filed a brief for the appellee (substitute plaintiff city of Bridgeport).

         Prescott, Bright and Devlin, Js.

          OPINION

         PRESCOTT, J.

         [194 Conn.App. 434] In this action to foreclose certain municipal property tax liens on a 9.9 acre parcel of property in Bridgeport (property),[1] the substitute defendant and cross

Page 504

claim plaintiff, Main Street Business Management, Inc. (Main Street),[2] appeals from the trial court’s judgment rendered against it on its cross claim [194 Conn.App. 435] alleging that the cross claim defendant, Manuel Moutinho, tortiously interfered with a business expectancy and violated the Connecticut Unfair Trade Practices Act, General Statutes § 42-110 et seq. (CUTPA), and on its counterclaim alleging that the city engaged in tortious interference with a business expectancy and improperly sought to affect the property’s value adversely by interfering with a proposed zone change.[3]

         On appeal, Main Street, as Greenwood’s successor in interest, claims that the court improperly determined that (1) Moutinho did not tortiously interfere with a proposed sale of the property by Greenwood to the city, (2) the city did not tortiously interfere with the business relationship between Greenwood and Moutinho, and (3) the city did not tortiously interfere by causing the city’s planning and zoning commission (commission) to reject a zoning reclassification that ...


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