VIP OF BERLIN, LLC v. Town of Berlin

Opinion

The plaintiff, VIP of Berlin, LLC, brought this action against the defendants, the town of Berlin (town), and the town manager, Herman Middlebrooks, Jr., seeking a judgment declaring that the town’s enactment of § 14-291 (c) of the Berlin municipal code 1 constitutes an ultra vires act, and that the provision is, therefore, unenforceable. The parties filed cross motions for summary judgment and the trial court rendered summary judgment in favor of the defendants. The plaintiff then filed this appeal. 2 We affirm the judgment of the trial court.

For purposes of ruling on the parties’…