Cornelius v. Rosario

The plaintiff, Frederick Cornelius, appeals from the judgment of the trial court, awarding the defendant Lydia Rosario, the former tax collector for the city of Hartford (city), attorney's fees and costs incurred by her in successfully defending the plaintiff's 2007 challenge to the tax sale of certain property. 1 On appeal, the plaintiff argues that (1) General Statutes § 12-140 allows for costs only and not attorney's fees, (2) he is not the "delinquent taxpayer" under § 12-140, (3) recovery of attorney's fees pursuant to § 12-140 is preempted by 42 U.S.C. § 1988 , and (4) the defendant's…