State v. Avoletta
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The Supreme Court affirmed the judgment of the appellate court concluding that No. 17-4, 1 of the 2017 Special Acts (S.A. 17-4) was an unconstitutional public emolument in violation of Conn. Const. Art. I, 1 because it did not serve a legitimate public purpose, holding that the appellate court did not err.
The State brought this action seeking a judgment declaring that S.A. 17-4, pursuant to which the General Assembly extended the time limitation for Defendants to bring their action against the State for injuries arising from poor air quality at public schools, constituted an unconstitutional public emolument. The trial court granted summary judgment for the State. The appellate court affirmed. Defendants appealed, arguing that the appellate court failed to consider whether the State met its burden of proving that the General Assembly's "sole objective" in acting S.A. 17-4 was to grant a personal gain or advantage to Defendants. The Supreme Court affirmed, holding that S.A. 17-4 provided an exclusive, private benefit to Defendants that no other similarly situated litigant could enjoy, in violation of the public emoluments clause.
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