Home/Connecticut Superior Court/Coalition to Save Horsebarn v. Austin, No. Cv-99 0591476 (Jan. 19, 2000)

Coalition to Save Horsebarn v. Austin, No. Cv-99 0591476 (Jan. 19, 2000)

2000 Conn. Super. Ct. 823
CourtConnecticut Superior Court
DecidedJanuary 19, 2000
DocketNo. CV-99 0591476
StatusUnpublished

This text of 2000 Conn. Super. Ct. 823 (Coalition to Save Horsebarn v. Austin, No. Cv-99 0591476 (Jan. 19, 2000)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coalition to Save Horsebarn v. Austin, No. Cv-99 0591476 (Jan. 19, 2000), 2000 Conn. Super. Ct. 823 (Colo. Ct. App. 2000).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

ORDER
The motions to dismiss filed by the respondents having been heard, the court hereby enters the following order: Because the challenges to the petition for discovery are addressed to its legal sufficiency, the respondents' motions to dismiss are more properly treated as motions to strike. Gurliacci v. Mayer,218 Conn. 531, 544-45, 590 A.2d 914 (1991); see also Nestor v.Traveler's Indemnity Co., 41 Conn. App. 625, 677A.2d 475 (1996) and McCutcheon Burr, Inc. v. Berman, 218 Conn. 512, 527,590 A.2d 438 (1991). Treating them as such, the motions to strike are granted. Further, although in accordance with Practice Book §10-44, the petitioner may file a substitute pleading, the court notes that such an effort will likely prove unavailing because of the fundamental deficiencies in the original petition. See Bergerv. Cuomo, 230 Conn. 1, 5-8, 644 A.2d 333 (1994). See also Poletti v. Clifford, 146 Conn. 252, 258150 A.2d 207 (1959).

PECK. J.

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Related

Pottetti v. Clifford
150 A.2d 207 (Supreme Court of Connecticut, 1959)
McCutcheon & Burr, Inc. v. Berman
590 A.2d 438 (Supreme Court of Connecticut, 1991)
Gurliacci v. Mayer
590 A.2d 914 (Supreme Court of Connecticut, 1991)
Berger v. Cuomo
644 A.2d 333 (Supreme Court of Connecticut, 1994)
Nestor v. Travelers Indemnity Co.
677 A.2d 475 (Connecticut Appellate Court, 1996)

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Bluebook (online)
2000 Conn. Super. Ct. 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coalition-to-save-horsebarn-v-austin-no-cv-99-0591476-jan-19-2000-connsuperct-2000.