Stephen C. McCullough v. Town of Rocky Hill

Connecticut Appellate Court · May 19, 2026 · No. AC 47717

Summary

The Connecticut Appellate Court reviewed a self-represented plaintiff’s challenge to a municipal tax sale and related real property tax liabilities. The court dismissed as moot the portion of the appeal challenging the judgment on the stricken substitute complaint because it could not provide practical relief, and it affirmed the trial court’s award of attorney’s fees to the Town of Rocky Hill under General Statutes § 12-140.

Holdings

  1. The portion of the appeal challenging the judgment on the stricken substitute complaint is dismissed as moot because the court cannot afford the plaintiff any practical relief consistent with the relief requested in his substitute complaint.
  2. The trial court did not abuse its discretion in awarding $3,540 in attorney's fees to the town under §12-140, as the plaintiff failed to provide any basis to conclude the court could not have reasonably awarded such fees.

Questions Presented

  1. Whether the appeal from the judgment on the stricken complaint is moot because no practical relief can be granted.
  2. Whether the trial court abused its discretion in awarding attorney's fees to the town under §12-140.

Disposition

dismissed in part; affirmed

Cases Cited (35)

  • Berger v. Fitzgerald, 55 Conn. App. 138, 739 A.2d 287, cert. denied, 251 Conn. 922, 742 A.2d 358 (1999)(applied)
  • In re Zayden J., 224 Conn. App. 848, 313 A.3d 532, cert. denied, 349 Conn. 916, 316 A.3d 357 (2024)(followed)
  • In re Isabella Q., 217 Conn. App. 837, 290 A.3d 889, cert. denied, 346 Conn. 927, 292 A.3d 3 (2023)(followed)
  • National CSS, Inc. v. Stamford, 195 Conn. 587, 489 A.2d 1034 (1985)(followed)
  • Fitzgerald v. Bridgeport, 218 Conn. App. 771, 292 A.3d 1256 (2023)(followed)
  • Finizie v. Bridgeport, 880 F. Supp. 89 (D. Conn. 1995)(followed)
  • In re Tunick, 215 Conn. App. 551, 284 A.3d 26 (2022)(followed)
  • Hodge v. Commissioner of Correction, 225 Conn. App. 343, 315 A.3d 438 (2024)(followed)
  • State v. Guild, 353 Conn. 76, 340 A.3d 451 (2025)(followed)
  • Rek v. Pettit, 222 Conn. App. 132, 303 A.3d 926 (2023), cert. denied, 348 Conn. 948, 308 A.3d 36 (2024)(followed)

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