C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Cross Motions for Summary Judgment


This is the decision of the trial court denying the state defendants' motion for summary judgment and granting the plaintiff contractor's motion for summary judgment in a mandamus action to compel the state to pay sums certified by the governor to be paid pursuant to C.G.S. 3-7. The court ruled that the authorization of a compromise pursuant to C.G.S. 3-7 created a ministerial duty to pay the sum certified, and that this duty was properly enforced by way of mandamus. The Connecticut Supreme Court ultimately reversed this decision, holding that C.G.S. 3-7 authorized, but did not require, government agencies to compromise a claim and thus the defendants had sovereign immunity from suit.

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Reference Info:Decision | State, 2nd Circuit, Connecticut | United States

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