Herald Publishing Co. v. Bill

89 Citing cases

  1. Potvin v. Lincoln Service and Equipment Company

    298 Conn. 620 (Conn. 2010)   Cited 58 times   1 Legal Analyses
    Rejecting interpretation that "there are some liabilities that the association is responsible for" based on the phrase "no liability"

    For example, we may overturn a prior holding if we find it to be "clearly wrong"; (internal quotation marks omitted) id., 660; or when "the most cogent reasons and inescapable logic" require us to do so. Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955). "Lower courts, for example, are expected to respect the decisions of higher courts.

  2. Hall v. Gilbert Bennett Mfg. Co.

    241 Conn. 282 (Conn. 1997)   Cited 130 times
    Holding that presentation of evidence and determination of whether claimant suffered from previous disability on remand was not ministerial in nature

    In evaluating the force of stare decisis, our case law dictates that we should be especially wary of overturning a decision that involves the construction of a statute. See Jolly, Inc. v. Zoning Board of Appeals, supra, 237 Conn. 196; General Electric Employees Federal Credit Union v. Zakrzewski, 235 Conn. 741, 744, 670 A.2d 274 (1996); Kluttz v. Howard, 228 Conn. 401, 406, 636 A.2d 816 (1994); White v. Burns, 213 Conn. 307, 333-34, 567 A.2d 1195 (1990); Herald Publishing Co. v. Bill, 142 Conn. 53, 61-62, 111 A.2d 4 (1955). "When we construe a statute, we act not as plenary lawgivers but as surrogates for another policy maker, the legislature.

  3. Conway v. Town of Wilton

    238 Conn. 653 (Conn. 1996)   Cited 163 times
    Holding that because the legislature's sole motive in enacting the "Recreational Land Use Act" which "parrot [ed]" the Model Act was "to encourage private citizens to donate their land" and that "[t]here [was] no indication that the legislature was seeking to permit a municipality to have immunity for responsibilities arising out of property that it already owned," it "decline [d] to read the statute to extend the immunity beyond private landowners"

    (Citation omitted; internal quotation marks omitted.) White v. Burns, supra, 213 Conn. 335; see Kluttz v. Howard, 228 Conn. 401, 406, 636 A.2d 816 (1994) ("a court should not overrule its earlier decisions unless the most cogent reasons and inescapable logic require it" [internal quotation marks omitted]); Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955) ("[a] court, when once convinced that it is in error, is not compelled to follow precedent"). Because "stare decisis is not a rule of law but a matter of judicial policy . . . it does not have the same kind of force in each kind of case so that adherence to or deviation from that general policy may depend upon the kind of case involved, especially the nature of the decision to be rendered that may follow from the overruling of a precedent." (Internal quotation marks omitted.) Ozyck v. D'Atri, 206 Conn. 473, 483, 538 A.2d 697 (1988) ( Healey, J., concurring).

  4. Jolly, Inc. v. Zoning Board of Appeals

    237 Conn. 184 (Conn. 1996)   Cited 441 times
    Concluding that it was improper for trial court to consider merits of appeal after having determined that it lacked subject matter jurisdiction

    A court, when once convinced that it is in error, is not compelled to follow precedent. . . . If, however, stare decisis is to continue to serve the cause of stability and certainty in the law — a condition indispensable to any well-ordered system of jurisprudence — a court should not overrule its earlier decisions unless the most cogent reasons and inescapable logic require it. . . . This is especially true when the precedent involved concerns the interpretation or construction of a statute.' (Citations omitted.) Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955); see Kluttz v. Howard, 228 Conn. 401, 406, 636 A.2d 816 (1994); White v. Burns, 213 Conn. 307, 335-36, 567 A.2d 1195 (1990)." (Emphasis added.)

  5. General Electric Emp. Fed. Credit Union v. Zakrzewski

    670 A.2d 274 (Conn. 1996)   Cited 8 times

    " (citations omitted.) Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955); see Kluttz v. Howard, 228 Conn. 401, 406, 636 A.2d 816 (1994); White v. Burns, 213 Conn. 307, 335-36, 567 A.2d 1195 (1990). In the circumstances of this case, we are not persuaded that the defendant has presented "the most cogent reasons and inescapable logic"; Herald Publishing Co. v. Bill, supra, 142 Conn. 62; for overruling Staples.

  6. Kluttz v. Howard

    228 Conn. 401 (Conn. 1994)   Cited 44 times
    Rejecting argument of state that applying amendatory extension of statute of limitations to conduct occurring before expiration of preamendment limitation period does not constitute retroactive application of amendment

    Accordingly, "a court should not overrule its earlier decisions unless the most cogent reasons and inescapable logic require it. Maltbie, Conn. App. Proc., p. 226." Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955); see also State v. Somerville, 214 Conn. 378, 384-85, 572 A.2d 944 (1990); White v. Burns, 213 Conn. 307, 335-36, 567 A.2d 1195 (1990). This is not such a case.

  7. O'Connor v. O'Connor

    201 Conn. 632 (Conn. 1986)   Cited 240 times
    Adopting the most significant relationship approach of the Restatement (Second) of Conflict of Laws

    We have consistently held that "a court should not overrule its earlier decisions unless the most cogent reasons and inescapable logic requires it." Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955); see also State v. Castonguay, 194 Conn. 416, 435, 481 A.2d 56 (1984); Society for Savings v. Chestnut Estates, Inc., 176 Conn. 563, 570, 409 A.2d 1020 (1979). We have also recognized, however, that "[p]rinciples of law which serve one generation well may, by reason of changing conditions, disserve a later one," and that "[e]xperience can and often does demonstrate that a rule, once believed sound, needs modification to serve justice better."

  8. State v. Longo

    192 Conn. 85 (Conn. 1984)   Cited 41 times
    Ruling denying youthful offender status is not reviewable under Curcio even though denial may deprive defendant irretrievably of right to privacy conferred by youthful offender statute

    There can be no doubt that "`[e]xperience can and often does demonstrate that a rule, once believed sound, needs modification to serve justice better. Ziman v. Whitley, 110 Conn. 108, 114, 147 A. 370; Napier v. Peoples Stores Co., 98 Conn. 414, 426, 120 A. 295;' Herald Publishing Co. v. Bill, [ 142 Conn. 53, 62, 111 A.2d 4 (1955)]; see also Funk v. United States, 290 U.S. 371, 54 S.Ct. 212, 78 L.Ed. 369 (1933); MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (1916) (Cardozo, J.)." Connecticut Junior Republic v. Sharon Hospital, 188 Conn. 1, 17-18, 448 A.2d 190 (1982).

  9. Strager v. Prosecuting Attorney

    10 Mich. App. 166 (Mich. Ct. App. 1968)   Cited 6 times
    In Strager, 10 Mich App at 168, the plaintiff sought a declaratory judgment in regard to the validity of certain provisions of the Home Improvement Finance Act, MCL 455.1101 et seq., after the county prosecutor informed the plaintiff that an informal complaint had been received that charged him with violating the statute.

    Borchard, Declaratory Judgments (2d ed, 1941), p 1021. See, also, Pacific Meat Company v. Otagaki (1964), 47 Haw. 652, 653 ( 394 P.2d 618, 621); Herald Publishing Company v. Bill (1955), 142 Conn. 53, 56 ( 111 A.2d 4, 6); Bryarly v. State (1953), 232 Ind. 47, 51 ( 111 N.E.2d 277, 279). The attorney general asserts that the threat of criminal prosecution was not here sufficiently imminent to justify plaintiff's commencement of this action.

  10. Blick v. Office of Div. of Crim.

    2010 Conn. Super. Ct. 11992 (Conn. Super. Ct. 2010)   Cited 1 times

    The plaintiffs respond to the ripeness argument by citing Herald Publishing Co. v. Bill, 142 Conn. 53, 111 A.2d 4 (1955), which, they argue, "makes it clear that the plaintiffs do not have to prove that they are presently treating a terminally-ill, mentally competent patient who has requested aid in dying for their claims to be ripe." (Plfs' Brief p. 13)