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eBook details

• Title: Hutensky v. Avon
• Author : Supreme Court of Connecticut
• Release Date : January 18, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The plaintiff, Allan Hutensky,
trustee, appealed to the Court of Colon Pleas from
the refusal of the board of tax review of the town
of Avon to reduce the valuation placed on his real
estate located in the town of Avon. At the request
of counsel for the plaintiff, the court referred
the case to a referee who, acting as the court,
reduced the valuation and the defendant town of
Avon has appealed.1 The defendant assigns error in several findings,
conclusions and rulings of the court. A number of
these assignments were not pursued in the defendant's
brief and are, therefore, considered abandoned. Stoner
v. Stoner, 163 Conn. 345, 349, 307 A.2d 146; Southern
New England Telephone Co. v. Rosenberg, 159 Conn. 503,
509, 271 A.2d 87. Notwithstanding the fact that
the assignments of error attacking the finding in
eight respects as found without evidence are considered
abandoned, an examination of the appendices indicates
that these attacked findings are supported by
the evidence. With respect to the remaining
assignments of error, the defendant argues that
(1) the court abused its discretion by reducing
the valuation of the property when the assessor's
action had not been discriminatory or so unreasonable
that the property was substantially overvalued,
and that (2) the court's conclusions as to the
value of the property were not supported by the
evidence.

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