25 v. Calvary Chapel of Norwalk, Inc. (2010)

MEMORANDUM OF DECISION RE DEFENDANT CALVARY CHAPEL OF NORWALK, INC.'S MOTION TO REARGUE (# 148.00)

The Motion to Reargue is granted in that reargument is allowed.   The court has reviewed its decision in light of the arguments made concerning the unpaid common charges and the attorneys fees, and stands by the decision and reasoning of its original decision.   The court finds the $16,000.00 in attorneys fees to be fair and reasonable.   The court finds the unpaid common charges of $46,005.78 to be the amount due.

The defendant claims there is a two-year statute of limitations on the claim.   The defendant has referred to Connecticut General Statutes § 47-258e.   The defendant claims this is a statute of limitations prohibiting collection of any amounts due prior to 2005.   This section addresses “liens.”   Paragraph e says that the lien is extinguished unless proceedings to enforce the lien are instituted within two years after the full payment of the assessments becomes due.   Paragraph f of that section indicates that this section concerning liens does not prohibit actions to recover sums for which subsection a of this section creates a lien.   Accordingly, in this case there was a lien for the period of time from 2005 to the date of the decision, but other amounts that were not the subject of the lien were due.

Accordingly, there is no statute of limitations for the collection, but rather only a period of time in which the lien must be foreclosed.   Accordingly, the court stands by its ruling since the complaint sounded in two counts, the first being foreclosure and the second, contract.   The judgment and the order stands since there is no prohibition for suing for the amount due prior to 2005.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.