Successful Appeal Allows Tort Case to Proceed Against Former Enfield Planning and Zoning Commission Member

Villages, LLC v. Longhi, Lori, 166 Conn. App. 685 (2016). Special use applicant, whose application was denied, brought action against local zoning commission member, alleging intentional fraudulent misrepresentation and intentional tortious interference with business expectancy. The Superior Court, Judicial District of Hartford, Wiese, J., granted commission member's motion to dismiss on the ground that she was absolutely immune from liability under the litigation privilege. Applicant appealed.

The Appellate Court, Lavine, J., held that commission member was not entitled to absolute immunity, but was entitled to statutory qualified immunity.

The judgment was reversed and the case remanded such that the plaintiff could continue to pursue its tort claims.