RfT, PATE: lUNf 5,20tr2

TOWN OF OXTORD

SUPERiOR COURT

JUD. }IST. OT ANSOI\IIA-MILFORD

v5.
STATT OF CONNTCTICUT, OTFICT OF PSLICY AND MANAGEMENT

A3 }IILFORD

MAY

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DECLA.RATORY

]U*SMTNT

1.

,At

all umes mnaioned herein, the Plaintiff ls e Connecticut municipality

organized under the laws cf the State of Connecticut wilh a place of business located at 485 Oxford Road, Oxford, Connecticut;

2.

At all tirnes mentioned hereln, the }efeldant is a division of the State

of Connecticut, having certain functions, powers and duties as to properly taxes

which are d*e and collectable by a town with a place of business l*cated et 450
Capltal Avenue, Hartford, Conneclicut

3.

From On or ab*ut July 1, 1997 to present, records kept by the Tax

Collector for the Town of Oxford erroneously name certain taxpayers as delinquent

in the payment of the taxes due on certain real properly situated in the tawn af Oxford;

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4,From0n0raboutJulyl,lggTtopresent,recordskeptbYtheTax
ce:taln refrect tax liens filed against Town of oxford ef*ne'usry Coilectsr for the in the payment qt lhe taxes said erroneous delinquency &xpayers as the result *f situated in the Town of Oxford; due on ceftain real properlry

5,Fromon0raboutJulyl,lggTtopresent,recordskeptbytheTax
said interesr due as the resutt of of oxford errone$usry reflect corector for the Town

erroneOusdelinquencyinthepayme*tofthetaxesdueoncertainrealproperty
situated in the Town of Oxford;

6'From0noraboutJulyl,lggTtopresenl,recordskeptbythelax
certaln refl*et tax riens filed against for the tawn of oxford err'neousry couector in the f*ymgnt Of lhg tax** the result of said erronegus delinquenry taxpayers as oxford in the town of oxfcrd' ttowgver' the du* on ce*ain real prope*Y situated
As a re5ull Of Said erroneous Land Records do not reflect any tax liens filed

certain real properly situated In the detinquenry in the payment of the taxes due on
Town of Oxford;

7.

Conn*,eticut Cr;narel Statrrk:c Cpctinn 17-17Q nrnvides, that:

" The selectmen of any town, the mayar of any city, the warden Of any bOrOUgh Or ttt* cltairma* s{ t/7* governing board of any munkipal district may discharge any lien
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filed to sscur plyment of any tax, a ceftificete of whielt has been reffirded ln the
land records, by causing to be recorded ln tt't* affice CIf the towrt clerk a certlficate

discharging sach lien in such land r*cords, if any tax secured by such lien lsas been is duly abated, or if the tax serured by any such lien has been paid and the co/lecfor without autho1ty of law to discharge such lien, or when counsel {br any such nunicipality delivers an opinion in writing showing that tte is sdtisfred that the tax

b*en paid, though payment has not been credlted to tfte taxpay*r, ar when such apinion has be*n delivered by rounsel showing that any lien is illegal becduse
has

the requirements of the statute respecting the same have not been complled with.
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*ach such opinion, the counsel shall state wherein an'y lien so filed is ill*gal Eactt such discharge shall b* signed by a rnajority sf the baard sf seletm*n, th* rnay*rt the warden or the chalrntan, as the cdse may be, and shall recite the fact that counsel far the municipality has rendered an opinion rsspcting such lien in
accordanc* with the provisions of this section. {ach opinlon showing that any lien is illegal shalt be filed with the town cterk of the town wh*rein such lien is tCI be so

discharged. for recordlng any such discharge, the t*wn clerk shall recelve from the town, city, borough ar other municipal district, if hls annua/ compensatian is nst
fixed by /aw, a fee of fifiY cents."

g,

Connecticut Generai Statutes do not provide for lhe discharge of liens

to se(ure payment of any tax that have not been recorded when any such tax has
been duly *baled or paid or when colrnsel for any such municipality deliv*rs an

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Opinioninwritingshowingthath*issatisfiedthatthetaxlrasbeenpaid,though
to lhe taxpaycr" payment has not been rredited

WHfRffOR[, the Plaintiff claims:

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of a declaratary judgment deterrnining the pr*cedure for the discharge

has nst been recorded liens to secure payment of any municipal tax when said lien has n*t been and when said tax has been duly abated or paid and the taxpayer lien' credited with payment of the tax which is lhe subject of the unrecorded

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a declaral*ry judgment delermining the procedure for remcving the

said

cer*in taxpayers from tle municipalTax Coltectnrs records when

payment of the taxes narnes have been erroneously included as delinquent in the
due

*n certain reat estate,

3.

a declaratory judgment determining tl're procedure for removing the

fee from the municipal Tax Colleclors reccrds

f*r

recording municipal lax liens flled

payment against ce:tain taxpayers as tne r*sult of said erro*eous delinqueary in the of the taxes due on certain real propefi when said
lie

n has n*l been rec*rded an

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land records

4,

a declaratory judgment determining the pracedure for remcving frorn

llre municipat Tax Collectors records interest due as th* result of erroneous
deli*quency in the payment of the taxes due on certain real property when sald tax

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witr' paymerrt has not been eredited paid and tlre t*xpaysr

cf the tax w!.rieh

li*n ir tlre subied of the unrecord*d

5,Such*fterandfurttlerreliefasttriscourtdeernsp'sr*'l..

pxroRD

BY

o'%***&SavittPc t
Kevin W. Condan n, nA{ B"- 570, Ansonia CT 06401 ;o

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ilq-2s11; ruris #10630

LAW OTFlCs

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AN$ONIA, {O$Jft'CIlEU: (}54fi
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JUF,S # 10630

{20} 7}4-751