Legal Opinion

Barton v. City of Waterbury, No. 0452930 S (Nov. 20, 2001)

Connecticut Superior Court

Decided November 20, 2001No. 0452930 SUnpublished

1Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO STRIKE (#103)

In deciding a motion to strike the court must read the complaint in the light most favorable to the plaintiff. If any facts provable under the express and implied allegations of the complaint support a cause of action, here, for mandamus, the complaint is not vulnerable to a motion to strike. Bouchard v. People's Bank, 219 Conn. 465, 471 (1991).

I. FACIAL VALIDITY

What the plaintiff must ultimately prove to prevail is black letter law. Golden Hill Paugussett…

2Cases cited5 opinions

  1. Bouchard v. People's BankSupreme Court of Connecticut · 1991
  2. Hennessey v. City of BridgeportSupreme Court of Connecticut · 1990
  3. Bahramian v. PapandreaSupreme Court of Connecticut · 1981
  4. Place v. City of WaterburyConnecticut Appellate Court · 2001
  5. Golden Hill Paugussett Tribe of Indians v. WeickerConnecticut Appellate Court · 1999

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