Speer v. Norwich

Citations

• 216 Conn. App. 883

Syllabus

The self-represented plaintiff appealed to this court from the judgment of the trial court dismissing her action seeking to enjoin the defendant city of Norwich from proceeding with a tax foreclosure sale of certain real property she owned until the state lifted its COVID-19 restrictions. The plaintiff alleged, inter alia, that an auction of the property while COVID-19 restrictions imposed by the state were in effect would bring a lower sale price than would an auction when the COVID-19 restrictions were not in place and, thus, result in an unconstitutional taking of her property. At the hearing on the defendant's motion to dismiss, the trial court was informed that the property had been sold and that the foreclo- sure court had approved the sale. The trial court concluded that the plaintiff's case was moot and that the court therefore lacked subject matter jurisdiction. Subsequent to the plaintiff's filing of her appeal, and after the COVID-19 restrictions had been lifted, the trial court was informed that the successful bidder had failed to consummate the sale and the court ordered his deposit forfeited, thereby leaving the property unsold. Held that the trial court properly dismissed the plaintiff's action for lack of subject matter jurisdiction, as the sale of the property had been approved by the court at the time of the hearing on the defendant's motion to dismiss, and the plaintiff's appeal was moot, as there was no practical relief this court could grant her because the next foreclosure auction of the property would occur without any COVID-19 restrictions in place; moreover, contrary to the plaintiff's assertion, her case did not fall within the capable of repetition, yet evading review exception to the mootness doctrine, as this court was not convinced that her action or its effect was of a limited duration such that it would become moot before appellate litigation could be concluded, nor was this court per- suaded that the questions posed were likely to ar