State v. Blasko

96 Citing cases

  1. Estate of Brooks v. Comm'r of Revenue Servs.

    325 Conn. 705 (Conn. 2017)   Cited 12 times
    Explaining that "a fictional transfer occurs from the first to die spouse to the surviving spouse, and a second fictional transfer occurs upon the death of the surviving spouse to the remainder beneficiaries."

    (Internal quotation marks omitted.) State v. Blasko , 202 Conn. 541, 558, 522 A.2d 753 (1987) ; see also Caron v. Inland Wetlands & Watercourses Commission , 222 Conn. 269, 279, 610 A.2d 584 (1992). In a legislative hearing on the relevant provision, the defendant, in testimony before the legislature, described P.A. 14–155, § 12, as "truly technical. It overturns a drafting error, a really, truly drafting error of last session and restores the intention that [the legislature] had in—in the applicability of the estate tax."

  2. State v. Courchesne

    262 Conn. 537 (Conn. 2003)   Cited 233 times   1 Legal Analyses
    Concluding that the plain meaning rule is not a "useful rubric for the process of statutory interpretation" because it is inconsistent with the purposive and contextual nature of the legislative language, it is inherently self-contradictory, and it requires the court to engage in a threshold determination of whether language is ambiguous, which tends to lead to "intellectually and linguistically dubious" declarations that leave a court open to criticisms that it is results-oriented

    First, it bears emphasizing that the majority essentially declares that a method of statutory construction used by this court in literally hundreds of cases over the past century, including very recent cases, was incorrect. See, e.g., MacDermid, Inc. v. Dept. of Environmental Protection, 257 Conn. 128, 154, 778 A.2d 7 (2001); Rizzo Pool Co. v. Del Grosso, 240 Conn. 58, 74, 689 A.2d 1097 (1997); State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987); State v. Springer, 149 Conn. 244, 248, 178 A.2d 525 (1962); Evans v. Administrator, Unemployment Compensation Act, 135 Conn. 120, 124, 61 A.2d 684 (1948); Lee Bros. Furniture Co. v. Cram, 63 Conn. 433, 438, 28 A. 541 (1893). We were not alone.

  3. Connelly v. Doe

    566 A.2d 426 (Conn. 1989)   Cited 16 times
    Concluding that, despite state's attorney's failure to file timely appeal, defendant's motion to dismiss for want of subject matter jurisdiction was "without merit because the time limited for filing an appeal is not jurisdictional"

    In comparison, the one-man investigatory grand jury is purely a creature of statute, authorized pursuant to General Statutes (Rev. to 1983) 54-47, as amended. See State v. Blasko, 202 Conn. 541, 545-551, 553-55, 522 A.2d 753 (1987); In re Investigation of the Grand Juror, 4 Conn. App. 544, 549-50, 556, 495 A.2d 1098 (1985), appeal dismissed, 203 Conn. 1, 522 A.2d 1228 (1987). The investigatory grand jury has broad statutory authority to inquire into criminal activity and to report its findings to the court for possible prosecution of those responsible for such activity.

  4. Statewide Grievance Committee v. Rozbicki

    211 Conn. 232 (Conn. 1989)   Cited 165 times
    Concluding that limitation on time within which subcommittee of Statewide Grievance Committee, which is public body, must conclude hearings and render proposed decision was mandatory, which ordinarily would mean that noncompliance would invalidate any further proceedings, but ultimately concluding that noncompliance did not deprive trial court of subject matter jurisdiction over presentment proceeding

    See id. A clarifying act "`"in effect construes and clarifies a prior statute [and, therefore,] must be accepted as the legislative declaration of the meaning of the original act."'" State v. Magnano, 204 Conn. 259, 278, 528 A.2d 760 (1987); State v. Blasko, 202 Conn. 541, 556-57 522 A.2d 753 (1987); Tax Commissioner v. Estate of Bissell, 173 Conn. 232, 246, 377 A.2d 305 (1977). General Statutes (Rev. to 1989) 51-90g (c) provides: "The subcommittee shall conclude any hearing or hearings and shall render its proposed decision not later than ninety days from the date the panel's determination of probable cause or no probable cause was filed with the state-wide grievance committee.

  5. Capalbo v. Planning Zoning Board of Appeals

    208 Conn. 480 (Conn. 1988)   Cited 100 times
    In Capalbo, as in the present case, the clerk of the municipality was served with process but was not named in the citation.

    "In our construction of the applicable statutory language, our goal is to `ascertain and give effect to the apparent intent of the legislature.' State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987). In reaching this goal, we consider first whether the language of the statute yields a plain and unambiguous resolution.

  6. State v. Magnano

    204 Conn. 259 (Conn. 1987)   Cited 132 times
    Holding subsequent entry by new detectives was a mere continuation of the initial entry where the reentry was 35 minutes later and one of the initial officers who remained on-scene reenacted his movements for the detectives

    We note that in State v. Lizotte, 200 Conn. 734, 517 A.2d 610 (1986), we skipped directly to the second question without grappling with the first. With respect to the first question, namely, whether an act was intended to clarify existing law, or to change it, our recent case of State v. Blasko, 202 Conn. 541, 522 A.2d 753 (1987), sheds light on the proper analytical approach to follow. In that case, we were faced with the issue of whether Public Acts 1985, No. 85-611, now codified as General Statutes 54-47a through 54-47h, reforming the procedures governing investigatory grand juries, terminated the authority of grand juries that had been dull constituted before the effective date of the public act.

  7. State v. Ledbetter

    41 Conn. App. 391 (Conn. App. Ct. 1996)   Cited 12 times

    " (Citations omitted.) State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987). The words used by the legislature in a statute must be given their ordinary meaning and must be construed with common sense.

  8. Hartt v. Schwartz

    1997 Ct. Sup. 8819 (Conn. Super. Ct. 1997)

    "[I]f the amendment was enacted soon after controversies arose as to the interpretation of the original act, it is logical to regard the amendment as a legislative interpretation of the original act . . ." State v. Blasko, supra, 202 Conn. At 558, 522 A.2d 753, quoting 1A J. Sutherland, Statutory Construction (4th Ed. Sands 1986) § 22.31, p. 276; see also Shelby Mutual Ins. Co. v. Della Ghelfa, 200 Conn. 630, 640, 513 A.2d 52 (1986). To determine whether or act should be characterized as clarifying legislation, we look to the legislative history to determine the legislative intent.

  9. ROTA v. COLONIAL REALTY/USA CORP.

    1996 Ct. Sup. 5163 (Conn. Super. Ct. 1996)

    In determining whether an act should be characterized as clarifying legislation, the court must look to the legislative history to determine legislative intent. Darak v. Darak, 210 Conn. 462, 471, 556 A.2d 145 (1989); State v. Blasko, 202 Conn. 541, CT Page 5163-JJ 558, 522 A.2d 753 (1987). The legislative history of Public Act 93-169 reveals that certain key legislators believed that the amendment was merely a clarification and not a substantive change to § 36-498(a)(2).

  10. NEMS, PLLC v. Harvard Pilgrim Health Care of Conn.

    SC 20914 (Conn. Nov. 19, 2024)

    , or contrary to common sense that one cannot reasonably assume that they reflect the considered intent of the legislature. See, e.g., Seramonte Associates, LLC v. Hamden, 345 Conn. 76, 91 and nn.10-11, 282 A.3d 1253 (2022); Casey v. Lamont, 338 Conn. 479, 493, 258 A.3d 647 (2021); Planning &Zoning Commission v. Freedom of Information Commission, 316 Conn. 1, 17-18 n.13, 110 A.3d 419 (2015); State v. Courchesne, 296 Conn. 622, 710, 998 A.2d 1 (2010); Wallingford v. Werbiski, 274 Conn. 483, 491, 877 A.2d 749 (2005); see also Cohen v. Rossi, 346 Conn 642, 700, 295 A.3d 75 (2023) (Ecker, J, concurring in part and concurring in the judgment) (''[t]his court repeatedly has held that the threshold ambiguity analysis under § 1-2z should and must take into account . . . commonsense, practical considerations regarding how the statutory scheme will operate in the real world''); State v. Blasko, 202 Conn. 541, 558-59, 522 A.2d 753 (1987) (court declined to construe legislative silence to bring about ''difficult and possibly bizarre result . . . sub silentio'' (internal quotation marks omitted)).