Lyme Land Conservation Trust, Inc. v. PlatnerAnnotate this Case
The Supreme Court reversed the judgment of the trial court with respect to an award of damages, holding that Conn. Gen. Stat. 51-183c applies when the Supreme Court reverses the trial court's judgment as to damages only and remands the case to the trial court to take new evidence and recalculate damages.
Plaintiff brought this action to enjoin Defendant from violating certain conservation restrictions on certain of Defendant's real property. The judge trial referee rendered judgment for Plaintiff. The Supreme Court reversed in part and remanded the case to the superior court with direction to recalculate the award of attorney's fees and damages. The same judge trial referee denied Defendant's motion to disqualify and issued certain orders from which Defendant appealed. The Supreme Court reversed the judgment as to damages, holding that section 51-183c, which precludes a judge who tried a case without a jury from trying the case again after the reviewing court reverses the judgment, applied in this case, and the judge trial referee was required to disqualify himself on remand after the first appeal.