Mangiafico v. Farmington

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. 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 advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears 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 Publica- tions, Judicial Branch, State of Connecticut. *********************************************** ENRICO MANGIAFICO v. TOWN OF FARMINGTON ET AL. (SC 19993) Robinson, C. J., and Palmer, McDonald, D’Auria, Mullins, Kahn and Ecker, Js. Syllabus Pursuant to federal statute (42 U.S.C. § 1983), every person who, under color of any statute, ordinance or regulation of any state, subjects another person to the deprivation of constitutional rights, shall be liable to the injured party in an action at law or suit in equity. The plaintiff landowner, M, sought, inter alia, injunctive relief and to recover damages under 42 U.S.C. § 1983 from the named defendant, the town of Farmington, among other defendants, alleging that the town’s designa- tion of M’s property as blighted, its assessment of daily punitive fines, and its imposition of liens on his property constituted a taking in violation of the federal and state constitutions. After the town had received com- plaints regarding the appearance of M’s property, the town council voted to place it on the town’s blighted building list. Thereafter, when M failed to make certain improvements, the town began assessing daily punitive fines for the alleged violation of the town’s blight ordinance and com- menced an action to recover those fines. M neither paid the fines nor filed an administrative appeal challenging them. As a result, the town manager caused two liens to be placed on M’s property and to be recorded in the town’s land records. After M commenced the present action, the defendants filed a motion to dismiss for lack of subject matter jurisdiction. The trial court granted in part the motion and dis- missed most of M’s claims, including his § 1983 claims, on the ground that he had failed to exhaust the administrative remedies provided by statute (§ 7-152c [g]) by failing to file an appeal with the Superior Court challenging the assessment of the fines. Subsequently, the trial court granted the defendants’ motion for summary ...

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