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

Memorandum of Decision on Cross Motions for Summary Judgment

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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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