Redding v. Georgetown Land Development Co., LLC

Citations

• 337 Conn. 75

Syllabus

The plaintiffs, the town of Redding, the town water pollution control commis- sion, and a regional fire district, sought to foreclose municipal liens against the defendant R Co., a tax lien investment company and assignee of certain real estate tax liens originally levied on real property by a special taxing district authorized by the legislature. The town and the fire district filed motions for partial summary judgment with respect to priority, claiming that, under a 2007 public act (P.A. 07-196, § 4 (b) (3)) giving the special taxing district's liens priority ''over all other liens or had shown a propensity in the past to target the defendant. The defendant, however, did not offer any evidence to contravene the substance of Salati's testimony that she unequivocally ordered the defendant, on November 27, 2015, not to reenter mall property. Defense counsel merely made an unsub- stantiated argument regarding her general credibility. We conclude that this is insufficient to place the differentiating element of criminal trespass in the first degree in sufficient dispute so as to warrant an instruction on a lesser included offense. See United States v. Whitman, supra, 887 F.3d 1246–47 (''[in the absence of] any evidence to support the bare assertion of [a defendant's] lawyer that the government failed to prove an element of the greater offense, the trial court [i]s not required to instruct the jury about lesser included offenses'' (internal quotation marks omitted)). The listing of justices reflects their seniority status on this court as of the date of oral argument. 76 JULY, 2021 337 Conn. 75 Redding v. Georgetown Land Development Co., LLC encumbrances except a lien for taxes of the town of Redding,'' their tax liens had priority over the liens that R Co. had acquired from the special taxing district. R Co. also filed a motion for partial summary judgment, claiming that its liens were of equal priority, rather than subordinate, to those of the town and the fire distri