Justia Gaming Law Opinion SummariesArticles Posted in Connecticut Supreme Court
Ledyard v. WMS Gaming, Inc.
The Supreme Court reversed the judgment of the appellate court reversing decision the judgment of trial court and directing summary judgment for the Town of Ledyard, holding that the ambit of Conn. Gen. Stat. 12-161a includes a directly related federal action that is determinative of a municipality's authority to pursue the underlying state collection proceeding.The Town brought a complaint to collect unpaid taxes for gaming equipment leased by WMS Gaming, Inc. to the Mashantucket Pequot Tribal Nation, for its gaming operations. The Tribal Nation responded by filing a second action in the federal court challenging the Town's authority to impose the taxes. The parties eventually executed a stipulation and motions for summary judgment as to liability only with respect to the federal action attorney's fees. The trial court concluded that the Town was liable for the federal action attorney fees pursuant to section 12-161a. The appellate court reversed, construing section 12-161a to conclude that the Town's liability for attorney's fees under the statute was limited to the collection proceeding in state court and did not include the related federal court proceeding. The Supreme Court reversed, holding that WMS Gaming was entitled to reasonable attorney's fees within the meaning of section 12-161a. View "Ledyard v. WMS Gaming, Inc." on Justia Law
Lime Rock Park, LLC v. Planning & Zoning Commission
The Supreme Court affirmed in part and reversed in part the judgment of the trial court sustaining in part and dismissing in part Lime Rock Park, LLC's appeal from the adoption of the Planning Zoning Commission of the Town of Salisbury of certain amendments to the Town's zoning regulations restricting motor vehicle racing activities on property owned by Lime Rock, holding that the trial court erred in part.Specifically, the Supreme Court held (1) the trial court erred when it (a) sustained the portion of Plaintiff's appeal claiming that the provision of the regulations prohibiting racing activities on Sundays was statutorily preempted, (b) denied the portion of the appeal claiming that the Commission lacked the authority to condition the filing of a petition to amend the regulations on obtaining a special permit, and (c) concluded that the amended regulation prohibited racing activities on Saturdays; and (2) the trial court did not err when it denied the portion of the appeal claiming that the restrictions on unmufflered racing are subject to the provision of Conn. Gen. Stat. 22a-73(c) requiring the Commissioner of Energy and Environmental Protection to approve municipal noise control ordinances. View "Lime Rock Park, LLC v. Planning & Zoning Commission" on Justia Law