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White Sands Beach Assn., Inc. v. Bombaci
State: Connecticut
Court: Supreme Court
Docket No: SC17904
Case Date: 06/10/2012
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

THE WHITE SANDS BEACH ASSOCIATION, INC. v. MARY BOMBACI ET AL. (SC 17904)
Rogers, C. J., and Norcott, Katz, Palmer and Zarella, Js. Argued April 23--officially released June 10, 2008

David J. Tycz, with whom was Joseph E. Milardo, Jr., for the appellants (defendants). Susan M. Phillips, with whom was Nicholas F. Kepple, for the appellee (plaintiff).

Opinion

PER CURIAM. The defendants, Mary Bombaci, Frank LaBella, Francis LaBella, Jr., John L. LaBella, Joseph W. LaBella and Mary L. Green, appeal1 from the judgment of the trial court foreclosing various tax liens placed by the plaintiff, The White Sands Beach Association, Inc., on the defendants' real property and rejecting the counterclaims raised by the defendants in relation to those liens. The defendants claim that the court improperly: (1) concluded that the plaintiff lawfully had annexed the defendants' property pursuant to the enabling act governing the plaintiff; (2) applied the equitable doctrine of laches in rejecting the defendants' counterclaims; (3) found laches in the absence of evidence of prejudice; and (4) failed to act upon the defendants' motion to assess costs pursuant to Practice Book
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