65-99 Burban Associates, LLC v. New Antioch Church of God
CourtConnecticut Appellate Court
Date FiledJuly 21, 2026
DocketAC48401
JudgeSuarez; Clark; Seeley
StatusPublished
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Full Opinion
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65-99 Burban Associates, LLC v. New Antioch Church of God
65-99 BURBAN ASSOCIATES, LLC v. NEW
ANTIOCH CHURCH OF GOD ET AL.
(AC 48401)
Suarez, Clark and Seeley, Js.
Syllabus
The defendant church appealed from the trial court’s judgment of possession
for the plaintiff in its summary process action for nonpayment of rent against
the church and its pastor. The plaintiff entered into a multiyear lease with
the defendants that provided, inter alia, that the plaintiff was required to
make certain repairs to the subject property within thirty days of the execu-
tion of the lease. The plaintiff made some of the repairs in a timely manner
and provided credits to the defendants for costs they incurred in completing
other maintenance work. The church claimed that the trial court improperly
rejected its special defenses of breach of contract and equitable estoppel. Held:
The trial court properly rejected the church’s breach of contract special
defenses, as the lease at issue was a commercial lease and any obligation
of the plaintiff to perform the required repairs under the lease in a timely
manner or at all was independent of the church’s obligation to pay rent, and
this court declined to review the church’s contention that the lease was, in
part, a residential lease, as that claim was not raised before or decided in the
trial court and the claim was not adequately briefed.
This court declined to review the church’s claim that the trial court improp-
erly failed to apply the doctrine of equitable estoppel as alleged in its special
defense, as the claim was inadequately briefed.
Argued February 2—officially released July 21, 2026
Procedural History
Summary process action, brought to the Superior
Court in the judicial district of New Haven, Housing
Session, where the named defendant filed a counterclaim;
thereafter, the court, Stone, J., denied the motion to
dismiss filed by the defendant Esau A. Greene, Jr., and
granted the plaintiff’s motion to strike the counterclaim;
subsequently, the case was tried to the court; judgment
of possession for the plaintiff, from which the named
defendant appealed to this court. Affirmed.
Jerald Barber, for the appellant (named defendant).
John A. Farnsworth, with whom were Robert L. Risp-
oli and, on the brief, Jeff Mastrianni, for the appellee
(plaintiff).
65-99 Burban Associates, LLC v. New Antioch Church of God
Opinion
SEELEY, J. In this summary process action, the defen-
dant New Antioch Church of God (church)1 appeals from
the judgment of possession rendered by the trial court
in favor of the plaintiff, 65-99 Burban Associates, LLC.
On appeal, the church claims that the court improperly
rejected its special defenses of breach of contract and
equitable estoppel. We disagree and affirm the judgment
of the court.
The following facts, which were found by the court
or are undisputed in the record, and procedural his-
tory are relevant to our resolution of this appeal. “[The
plaintiff] own[s] commercial premises located at 65-99
Burban Drive in Branford . . . . The plaintiff entered
into a five year lease agreement with [the church and
Esau A. Greene, Jr., the church’s pastor] from March
15, 2021, through March 14, 2026,2 for approximately
14,000 square feet of church space, attached parsonage,
a parking lot and the grounds. The defendants agreed to
pay $5500 on the first of every month for the first two
1
Esau A. Greene, Jr., the pastor of the church, also is a defendant in
this case but has filed a separate appeal, which we have addressed in a
separate decision, also released today. See 65-99 Burban Associates,
LLC v. New Antioch Church of God, 240 Conn. App. 427, ___ A.3d ___
(2026). In this opinion, we refer to the church and Greene collectively
as the defendants and individually by name when necessary.
2
Because the lease expired on March 14, 2026, this court, sua sponte,
issued an order on April 16, 2026, requiring the parties “to file simul-
taneous memoranda of no more than 2000 words on or before April 30,
2026, addressing whether the defendants are still in possession of the
property and, if not, whether the appeal has become moot as a result of
the defendants vacating the property and the expiration of the lease. See
Bridgeport v. Grace Building, LLC, 181 Conn. App. 280, 293–98, 186
A.3d 754 (2018).” (Footnote omitted.) In response, the parties indicated
to this court that the defendants remain in possession of the premises,
as they continue to operate a crisis center for vulnerable women in one
of the buildings on the premises, even though the church building is
under abatement by order of the fire marshal of the town of Branford
and has been vacated. We conclude, therefore, that the appeal is not
moot. See id., 295 (summary process appeal becomes moot when, at time
of appeal, appellant no longer is in possession of premises).
65-99 Burban Associates, LLC v. New Antioch Church of God
years of the lease and $7500 on the first of every month
beginning on March 1, 2023.
“While the premises were rented in ‘as is’ condition,
article XI of the lease required the plaintiff to ensure
that (1) the roof was repaired within fifteen days of the
execution of the lease, (2) the windows were repaired
within thirty days of the execution of the lease, and (3)
the [heating, ventilating, and air conditioning (HVAC)]
system was in good working order within thirty days
of execution of the lease. Thereafter, the defendant[s]
became responsible for maintenance of all building
components, repairs to the structure of the building,
including mechanicals, and ‘all repairs, maintenance and
replacements to the interior and exterior of the demised
premises and the fixtures and equipment therein and
appurtenances thereto . . . .’
“The windows that had been broken due to the prem-
ises being vacant were repaired within the allotted time
period. Although the roof repairs were not completed
within fifteen days, the plaintiff did have a company
make the repairs and the defendant[s] did not incur any
costs for them. The plaintiff also had a heating and
cooling company make repairs at the beginning of the
defendants’ tenancy and has, [at] various points, pro-
vided a credit to the defendants for maintenance work
that [the defendants had] paid for, including $26,690
in March 2022 to replace the furnace, $1500 for the air
conditioners in June 2022, and $2400 for service of the
rooftop units in December 2022.
“After the initial payment for the security deposit
[and] prorated [rental payments made in] March . . .
and April 2021 . . . the defendants either did not make
their monthly payments, paid late, or paid less than the
rental amount. At the end of 2021, the defendants owed
$24,940 in rent and late fees. At the end of 2022, the
defendants owed $16,550. Despite the lease providing
for a rent increase on March 1, 2023, the plaintiff did not
begin charging $7500 until September 1, 2023. After one
partial payment in September, the defendants stopped
65-99 Burban Associates, LLC v. New Antioch Church of God
making any payments for rent. From September 2023
until October 2024, the defendants accrued $109,300 . . .
in unpaid rent, use and occupancy, and late fees.
“In October 2021, [Greene] emailed Michael Massimino,
an agent of the plaintiff, seeking to begin discussions to
purchase the premises. In July 2022, Massimino made
an offer to the defendants [whereby] the plaintiff would
sell the church and four acres of land for $1.8 million
dollars, $[1.5] million dollars3 would be due at closing,
and $300,000 would be financed by a mortgage held by
the plaintiff. The parties would negotiate credits as
reimbursement for work that the defendant[s] had done.
After the defendants had undertaken steps to obtain
financing, Massimino told Greene that [the plaintiff] no
longer wanted to sell the property.” (Footnotes added.)
The plaintiff filed a notice to quit possession of the
premises for nonpayment of rent, which was served on
the defendants on May 28, 2024. The defendants did
not vacate the premises by the June 4, 2024 date set
in the notice, and the plaintiff thereafter commenced
this summary process action for nonpayment of rent.
In an amended complaint,4 the plaintiff alleged that
it had entered into a written lease agreement with the
defendants, that the defendants took possession of the
premises but failed to pay monthly rent, and that it had
served on the defendants a notice to quit possession of
the premises on or before June 4, 2024, but that, despite
the notice, the defendants continued to remain in posses-
sion of the premises. At the outset of the action, Greene
filed an appearance as a self-represented party, and the
church was represented by Attorney Jerald Scott Barber.
On July 17, 2024, Greene filed a motion to dismiss the
action, alleging a lack of subject matter jurisdiction.
On August 20, 2024, on behalf of the church, Attorney
3
We note that the court’s memorandum of decision includes a scriv-
ener’s error in that it states that $1.3 million would be due at closing.
The transcript from the trial shows that the correct number is $1.5
million to be paid at the time of closing.
4
The trial court file shows that the amended complaint was served on
the church and Greene on July 16, 2024.
65-99 Burban Associates, LLC v. New Antioch Church of God
Barber filed an answer and ten special defenses5 and
sought a “right of recoupment,” which requested money
damages and which the court and the parties treated as
a counterclaim.6 Thereafter, the plaintiff filed a motion
to strike the counterclaim.
A trial in this matter was held on October 10, 2024. At
the outset of the proceeding, Attorney Barber informed
the court that he had filed an appearance on behalf of
both the church and Greene.7 The court then addressed
Greene’s motion to dismiss and the plaintiff’s motion
to strike the counterclaim. The court denied the motion
to dismiss and, following brief arguments from counsel
regarding the motion to strike, granted the motion to
strike. After those issues were resolved, the trial com-
menced. The court heard testimony from Lisa Amato, the
plaintiff’s property manager, and Greene and admitted
various exhibits into evidence.
On December 30, 2024, the court rendered judgment
of possession in favor of the plaintiff. In its memoran-
dum of decision, the court found that the plaintiff had
proven by a fair preponderance of the evidence that there
had been a nonpayment of rent in violation of the terms
of the lease. With respect to the special defenses, the
5
The ten special defenses alleged that the plaintiff’s action was barred
(1) due to the plaintiff’s failure to perform its obligations under the
lease, (2) due to the plaintiff’s breach of the lease, (3) by the doctrines
of equitable and/or promissory estoppel, (4) by virtue of the doctrine
of waiver, (5) by the doctrine of laches, (6) by virtue of the plaintiff’s
unclean hands, (7) by the plaintiff’s contributory and/or comparative
negligence, (8) by the plaintiff’s failure to mitigate its damages, (9) by
the plaintiff’s fraudulent, negligent or innocent misrepresentations “as
to the terms of the subject transactions,” which induced the church to
enter into those transactions and on which the church reasonably relied
to its detriment, and (10) by virtue of accord and satisfaction.
6
We note that the trial court file in this case does not include an answer
or any special defenses filed by Greene when he appeared in the case in
a self-represented capacity. In its memorandum of decision, however,
the court treated the special defenses filed by the church alone as having
been raised by “the defendants.”
7
The record shows that Attorney Barber filed an appearance on behalf
of Greene on October 10, 2024, the day of the trial, which appearance
was in addition to his previously filed appearance for the church.
65-99 Burban Associates, LLC v. New Antioch Church of God
court stated: “‘[E]quitable defenses and counterclaims
implicating the right to possession are available in a
summary process proceeding.’ Cumberland Farms, Inc.
v. Dairy Mart, Inc., 225 Conn. 771, 777, 627 A.2d 386
(1993). As a preliminary matter, the court notes that
the special defenses did not provide any factual allega-
tions to determine whether the special defenses were
equitable and, thus, implicated the right to possession.
Nevertheless, the court treated all of the special defenses
as equitable in nature. As the defendants did not produce
any evidence that this action is barred by waiver, laches,
contributory and/or comparative negligence, failure
to mitigate damages, or accord and satisfaction, those
special defenses fail.” Further, the court rejected the
two special defenses of breach of contract and concluded
that the defendants did not produce any evidence that
the plaintiff should be estopped from pursuing this sum-
mary process action for purposes of the special defense
of equitable and/or promissory estoppel. The court also
determined that the defendants did not establish the
special defense of unclean hands. The church, thereafter,
filed this appeal, challenging only the court’s findings
that it did not establish its special defenses of breach of
contract and equitable estoppel.8
“Summary process is a special statutory procedure
designed to provide an expeditious remedy. . . . It
enable[s] landlords to obtain possession of leased prem-
ises without suffering the delay, loss and expense to
which, under the common-law actions, they might be sub-
jected by tenants wrongfully holding over their terms.”
(Internal quotation marks omitted.) TOV Realty, LLC
v. Suarez, 354 Conn. 745, 752, ___ A.3d ___ (2026).
“Summary process statutes secure a prompt hearing
and final determination. . . . Therefore, the statutes
relating to summary process must be narrowly construed
and strictly followed. . . . In an appeal challenging a
judgment of possession, it is the function of this court
to determine whether the decision of the trial court is
8
As we have indicated, Greene has filed a separate appeal from the
judgment of possession rendered in favor of the plaintiff.
65-99 Burban Associates, LLC v. New Antioch Church of God
clearly erroneous. . . . This involves a two part function:
[if] the legal conclusions of the court are challenged, we
must determine whether they are legally and logically
correct and whether they find support in the facts set
out in the memorandum of decision; [if] the factual basis
of the court’s decision is challenged we must determine
whether the facts set out in the memorandum of decision
are supported by the evidence or whether, in light of the
evidence and the pleadings in the whole record, those
facts are clearly erroneous.” (Citation omitted; internal
quotation marks omitted.) Huang v. Murray, 237 Conn.
App. 753, 756–57, 353 A.3d 312 (2026).
I
The church’s first claim is that the court improperly
rejected its breach of contract special defenses,9 in which
the church alleged that the defendants had been relieved
of their obligation to pay rent as a result of the plaintiff’s
material breach of the lease. We disagree.
Initially, we set forth the following relevant legal
principles that guide our resolution of this claim. “At
common law the covenants of a lease are deemed to be
independent so that a breach of the landlord’s promise
to perform services would not suspend the obligation of
the tenant to pay the rent as agreed. 1 American Law of
Property § 3.11; 1 Tiffany, Real Property (3d Ed.) § 88;
9
The court made the following findings in its memorandum of decision
with respect to the breach of contract special defenses. “The gravamen
of the defendants’ two special defenses for breach of contract is that
the plaintiff cannot proceed in this summary process action due to its
failure to make the repairs as required under the lease agreement. This
argument does not prevail. While it is true that the plaintiff did not
strictly comply with its obligations under article XI [of the lease], in
that it did not make the HVAC repairs within thirty days or the roof
repairs within fifteen days, the window repairs were made within the
required time period. And even though the court credits [Greene’s]
testimony that the HVAC system was not in working order upon move
in, the [plaintiff] cured the breach by giving the defendants a credit for
the replacement of the furnace and air conditioning units. Any obliga-
tion that the plaintiff had under article XI [of the lease] was resolved
long before this action commenced. As there is no current breach of
the contract . . . these special defenses fail.”
65-99 Burban Associates, LLC v. New Antioch Church of God
3 Thompson on Real Property § 1115. The rule has been
recognized in this state. Thomas v. Roper, 162 Conn.
343, 346, 294 A.2d 321 (1972); Hayes v. Capitol Buick
Co., 119 Conn. 372, 376–77, 176 A. 885 (1935); Sigal
v. Wise, 114 Conn. 297, 304–305, 158 A. 891 (1932).”
S.H.V.C., Inc. v. Roy, 37 Conn. Supp. 579, 585, 428 A.2d
806 (1981), aff’d, 188 Conn. 503, 450 A.2d 351 (1982).
As our Supreme Court has explained: “A lease is primar-
ily a conveyance of an interest in land. Its covenants are
independent covenants. . . . The independent covenants
are in effect separate unilateral obligations. . . . A lease,
therefore, considered as a contract, is a unilateral agree-
ment with no dependency of performance.” (Citations
omitted.) In re Edgewood Park Junior College, Inc., 123
Conn. 74, 77–78, 192 A. 561 (1937); see also Fellows v.
Martin, 217 Conn. 57, 68, 584 A.2d 458 (1991) (tenant
erroneously believed that she had right to withhold rent
if her landlord breached lease).
“Statutory enactments . . . have modified [the] harsh-
ness [of this rule] with respect to residential property.
[See] General Statutes §§ 47a-1 through 47a-20[f] [(defin-
ing rights and responsibilities of landlord and tenant with
respect to residential leases)].” S.H.V.C., Inc. v. Roy,
supra, 37 Conn. Supp. 585. Thus, “[t]he landlord and
tenant statutes . . . [which] were passed to aid residen-
tial apartment dwellers . . . do not apply to commercial
leases.” (Citations omitted.) Hoban v. Masters, 36
Conn. Supp. 611, 613, 421 A.2d 1318 (1980); see, e.g.,
Johnson v. Fuller, 190 Conn. 552, 557–58, 461 A.2d 988
(1983) (rejecting claim that defendants were within their
rights under General Statutes § 47a-4a to withhold rental
payments due to landlord’s failure to keep premises in
habitable condition, as premises were in fact tenantable
and, during relevant time period, premises were used
for commercial rather than residential purposes, which
rendered § 47a-4a inapplicable); Vidiaki, LLC v. Just
Breakfast & Things!!! LLC, 133 Conn. App. 1, 14–15,
33 A.3d 848 (2012) (General Statutes § 47a-11 does not
apply to commercial tenancies); Beal Bank, S.S.B. v.
Airport Industrial Ltd. Partnership, 74 Conn. App. 460,
65-99 Burban Associates, LLC v. New Antioch Church of God
462–63, 812 A.2d 866 (2003) (General Statutes § 47a-
21 (c) relates to residential real property and, therefore,
was inapplicable to case involving commercial premises);
S.H.V.C., Inc. v. Roy, supra, 585–86 (in context of com-
mercial lease, landlord’s breach of lease covenants is not
defense to action for nonpayment of rent).
In the present case, the church contends that, under
contract law, “it is well settled that a material breach by
one party discharges the other party’s subsequent duty
to perform on the contract” and that the plaintiff’s fail-
ure to perform the required repairs under the lease in a
timely manner constituted a material breach of the lease,
which excused the defendants from their obligation to
pay rent. In support of this claim, the church asserts that
“the lease was both commercial and residential,” that its
obligation to pay rent was dependent on the plaintiff’s
obligation to perform certain repairs under the lease,
and that its withholding of rent was “a lawful response
to the [plaintiff’s] failure” to maintain a habitable prem-
ises. Furthermore, the church, which acknowledges the
common-law rule that covenants in a commercial lease
are deemed to be independent, “urges” this court to
“adopt the ‘better law of foreign jurisdictions,’ ” which
the church argues is “trend[ing] away from common-law
standards of commercial lease interpretation toward the
direction of interpreting a lease as a straight contract . .
. [under which] the covenant[s] of both the plaintiff and
the defendant[s] would be dependent.”
The plaintiff counters in its appellate brief that the
church’s breach of contract special defenses “fail as a
matter of law [because] covenants in a commercial lease
are deemed independent such that any breach by the
plaintiff does not suspend the defendants’ obligation to
pay rent.” Thus, according to the plaintiff, even if it were
in breach of its obligations under the lease, “any such
breach would not have excused the defendants from their
obligation to pay rent.” The plaintiff also argues that this
court should decline to consider the church’s contention
that the lease was both commercial and residential, which
65-99 Burban Associates, LLC v. New Antioch Church of God
the plaintiff asserts is being raised for the first time on
appeal. We agree with the plaintiff.
By asserting that the lease also was residential in
nature, the church attempts to bring the lease within
the purview of the landlord-tenant statutes governing
residential leases and, thus, outside the general rule
applicable to commercial leases that a landlord’s failure
to perform services as required under a lease does not
suspend a tenant’s obligation to pay rent. See S.H.V.C.,
Inc. v. Roy, supra, 37 Conn. Supp. 585–86. The church,
however, never raised this claim before the trial court,
which specifically found in its decision that the lease
pertained to commercial premises.10 Consequently, the
court did not address or make any findings with respect
to the claim raised on appeal that “the lease was both com-
mercial and residential.” Moreover, aside from this bare
assertion, the church has neither specified what portion
of the premises, if any, was residential, nor provided any
analysis in support of its claim.
“It is well established that an appellate court is under
no obligation to consider a claim that is not distinctly
raised at the trial level. . . . The requirement that [a]
claim be raised distinctly means that it must be so stated
as to bring to the attention of the court the precise matter
on which its decision is being asked. . . . The reason for
the rule is obvious: to permit a party to raise a claim on
appeal that has not been raised at trial—after it is too
late for the trial court or the opposing party to address
the claim—would encourage trial by ambuscade, which
is unfair to both the trial court and the opposing party.”
(Internal quotation marks omitted.) Karaoke Heroes
NH, LLC v. RVRM Enterprises, LLC, 237 Conn. App.
762, 777 n.18, 354 A.3d 250 (2026); see also Practice
10
Article I of the lease describes the demised premises as “approximately
13,898 square feet of church space, attached parsonage, parking lot and
all other grounds located at 65-99 Burban Drive [in] Branford . . . .”
Further, article VI of the lease provides that the “[t]enant shall use the
[d]emised [p]remises solely for the purpose of operating a [c]hurch/
[p]lace of [w]orship or any other related uses permitted by the [t]own
of Branford and or the [s]tate of [Connecticut].”
65-99 Burban Associates, LLC v. New Antioch Church of God
Book § 60-5 (appellate court is generally not bound to
consider claim not distinctly raised at trial or arising
subsequent to trial); Dept. of Public Health v. Estrada,
211 Conn. App. 223, 239 n.10, 271 A.3d 1042 (2022)
(“[w]e have repeatedly held that this court will not con-
sider claimed errors on the part of the trial court unless
it appears on the record that the question was distinctly
raised at trial and was ruled upon and decided by the
court adversely to the appellant’s claim” (emphasis
added; internal quotation marks omitted)), aff’d, 349
Conn. 223, 315 A.3d 1081 (2024). Moreover, “[w]e are
not required to review issues that have been improperly
presented to this court through an inadequate brief. . . .
Analysis, rather than mere abstract assertion, is required
in order to avoid abandoning an issue by failure to brief
the issue properly. . . . [When] a claim is asserted in the
statement of issues but thereafter receives only cursory
attention in the brief without substantive discussion or
citation of authorities, it is deemed to be abandoned. . . .
For a reviewing court to judiciously and efficiently . . .
consider claims of error raised on appeal . . . the parties
must clearly and fully set forth their arguments in their
briefs.” (Internal quotation marks omitted.) Cokic v.
Fiore Powersports, LLC, 237 Conn. App. 558, 560–61,
351 A.3d 434 (2026). We decline to consider the church’s
contention that the lease was, at least in part, a residen-
tial lease, as the claim was not raised before or decided
by the trial court, and the church has not briefed the
claim adequately.
Accordingly, in view of the commercial lease at issue
in this case, any obligation of the plaintiff to perform the
required repairs under the lease in a timely manner or
at all was independent of the church’s obligation to pay
rent. In other words, even if the plaintiff had breached
the lease, any such breach was not a justification for the
church’s failure to pay rent. As a result, the church’s
breach of contract special defenses in this summary pro-
cess action—which are premised on the assertion that
the church was relieved of its obligation to pay rent due
to the plaintiff’s breach of the lease—necessarily fail.
65-99 Burban Associates, LLC v. New Antioch Church of God
The trial court, therefore, properly rejected the breach
of contract special defenses.11
We also decline the church’s invitation to reject the
common-law standards pertaining to commercial leases12
and to establish a “mutually dependent covenants rule”
for commercial leases whereby “the failure of one party
to perform its duties provides a defense for the other
party against performing its corresponding promise.”
As this court has recognized, “[i]t is axiomatic that,
[a]s an intermediate appellate court, we are bound by
Supreme Court precedent and are unable to modify it . . . .
[W]e are not at liberty to overrule or discard the deci-
sions of our Supreme Court but are bound by them. . . .
[I]t is not within our province to reevaluate or replace
those decisions.” (Internal quotation marks omitted.)
Mashantucket Pequot Tribal Nation v. Factory Mutual
Ins. Co., 224 Conn. App. 429, 458 n.29, 313 A.3d 1219
(2024); see also Roux v. Coffey, 230 Conn. App. 130,
144–45, 330 A.3d 253, cert. denied, 351 Conn. 915, 331
A.3d 1217 (2025).
II
Next, the church claims that the court improperly
failed to apply the doctrine of equitable estoppel, as
alleged in its special defense. We decline to review this
claim.
First, we set forth the legal principles and our standard
of review applicable to claims of equitable estoppel. “The
11
“As this court has observed, ‘we may affirm a trial court’s decision
that reaches the right result, albeit for [a different] reason.’ . . . Ste-
vens v. Khalily, 220 Conn. App. 634, 644, 298 A.3d 1254, cert. denied,
348 Conn. 915, 303 A.3d 260 (2023); see also South Windsor v. South
Windsor Police Union, Local 1480, Council 15, AFSCME, AFL-CIO,
41 Conn. App. 649, 656, 677 A.2d 464 (‘we may affirm a correct result
of the trial court for reasons different from those stated by the trial
court’), cert. denied, 239 Conn. 926, 683 A.2d 22 (1996).” Bouchard
v. Commissioner of Motor Vehicles, 238 Conn. App. 507, 520–21 n.12,
357 A.3d 284 (2026).
12
See generally Johnson v. Fuller, supra, 190 Conn. 557–58 (landlord-
tenant statutes do not apply to commercial leases, which are governed
by common law).
65-99 Burban Associates, LLC v. New Antioch Church of God
party claiming estoppel . . . has the burden of proof. . . .
Whether that burden has been met is a question of fact that
will not be overturned unless it is clearly erroneous. . . .
The legal conclusions of the trial court will stand, how-
ever, only if they are legally and logically correct and are
consistent with the facts of the case. . . . Accordingly, we
will reverse the trial court’s legal conclusions regarding
estoppel only if they involve an erroneous application of
the law. . . .
“There are two essential elements to an estoppel: the
party [against whom it is asserted] must do or say some-
thing which is intended or calculated to induce another
to believe in the existence of certain facts and to act upon
that belief; and the other party, influenced thereby, must
actually change his position or do something to his injury
which he otherwise would not have done. . . . In the
absence of prejudice, estoppel does not exist. . . . Fischer
v. Zollino, 303 Conn. 661, 667–69, 35 A.3d 270 (2012).”
(Internal quotation marks omitted.) Doyle v. Chaplen,
184 Conn. App. 278, 298, 194 A.3d 1198 (2018); see also
U.S. Bank National Assn. v. Eichten, 184 Conn. App.
727, 755, 196 A.3d 328 (2018) (“[e]stoppel rests on the
misleading conduct of one party to the prejudice of the
other” (internal quotation marks omitted)).
In the present case, the court made the following find-
ings in connection with the church’s special defense of
equitable estoppel. “The defendants have not produced
any evidence that the plaintiff should be estopped from
pursuing this summary process action. Although the
defendants claim that they would not have entered into
the lease agreement if they were aware of the condition
of the premises, there was no testimony or evidence of
any material misrepresentation by the plaintiff as to
the conditions of the property. The defendants were
fully aware of the repairs that needed to be made, as the
[plaintiff] acknowledged those repairs in article XI of the
lease. Nor was there any testimony that the defendants
were induced to act. They did not introduce any evidence
that [they] were looking at other premises in 2021 or that
65-99 Burban Associates, LLC v. New Antioch Church of God
they have sought to find more suitable premises since
entering into this lease. Finally, there was no evidence
of prejudice. Even though the plaintiff did not timely
complete all the required repairs, the defendants were not
prejudiced, as they received a credit for the repairs that
should have been made by the [plaintiff]. The defendants
have been in possession of the premises for nearly four
years without paying rent for much of that time. The
plaintiff continues to make maintenance repairs itself
and credit the defendants for maintenance work that the
defendant[s] undert[ook] despite the lease agreement
requiring the defendants to be responsible for that work.
“To the extent that the defendants seek to estop the
[plaintiff] from proceeding due to the failed sale of the
premises, the defendants failed to produce any cred-
ible evidence that they were injured by the preliminary
negotiations that the parties had regarding the sale of
the property. There was no evidence that the parties
reduced the oral agreement to written form. While the
defendants may have relied on those informal conver-
sations to begin to seek financing, such reliance is not
reasonable, as an oral agreement for the sale of property
is not enforceable. See General Statutes § 52-550 (a)
(‘[n]o civil action may be maintained in the following
cases unless the agreement, or a memorandum of the
agreement, is made in writing and signed by the party,
or the agent of the party, to be charged . . . (4) upon any
agreement for the sale of real property or any interest in
or concerning real property’). Moreover, the defendants
could not have had any reliance on the plaintiff’s state-
ments once Massimino informed the defendants that the
plaintiff no longer wanted to sell the property. Thus,
the defendants’ special [defense] of equitable estoppel
. . . fail[s].”
We first point out that the church’s appellate briefing
with respect to this claim is confusing and lacks any
meaningful analysis or citation to authority relating to
equitable estoppel. In particular, the church asserts:
“The trial court incorrectly refused to apply the doctrine
65-99 Burban Associates, LLC v. New Antioch Church of God
of equitable estoppel . . . . The facts of this case as applied
to the applicable law show that the defendants’ equitable
estoppel special defense was proven. Equity abhors a
forfeiture. Menzies v. Fisher, 165 Conn. 338, 357, 334
A.2d 452 (1973), quoting Pierce v. Staub, 78 Conn. 459,
466, 62 A. 760 (1906). Here, a definite promise [was]
made in [the] lease agreement and by the plaintiff’s repre-
sentatives ‘that repairs will be made timely’ and further
that ‘insurance will pay,’ result[ing] in the defendants’
reliance upon those assertions. The defendants moved
into the premises, began operations, incurred mainte-
nance and repair expenses and received credits for the
same from [the plaintiff]. The [plaintiff’s] failure to
provide heat during the heating season as provided by
the lease resulted in the premises becoming unfit for the
purposes of operating a church, related programs and its
overnight shelter residency operations, as contemplated
by the lease. As a direct result of the plaintiff’s inac-
tion, the defendants incurred loss of patronage, adverse
financial effect.”
After making these assertions, the church cites case
law pertaining to the doctrines of equitable nonforfei-
ture and uninhabitability, which were not pleaded as
defenses,13 and it sets forth additional arguments per-
taining to its claim that the plaintiff’s material breach
of the lease excused its nonpayment of rent, which we
rejected in part I of this opinion. Thus, in the portion of
its brief devoted to this claim, the church intermingles
these other arguments and claims, which comprise most
of its analysis. Moreover, the church’s brief is devoid
of citations to legal authority governing claims of equi-
table estoppel, and it lacks analysis applying relevant
law to the facts of this case and demonstrating why the
court’s finding that it failed to meet its burden of proof
with respect to this special defense is clearly erroneous.
It is incumbent on an appellant “to provide a meaning-
ful analysis of [a] claim [on appeal] . . . and to include
13
As we have indicated in part I of this opinion, § 47a-7 is not appli-
cable to a commercial lease.
65-99 Burban Associates, LLC v. New Antioch Church of God
citations to relevant legal authority and an application
of that law to the facts in the present case. . . . Stated dif-
ferently, [i]t is not enough merely to mention a possible
argument in the most skeletal way, leaving the court to
do . . . [the] work, create the ossature for the argument,
and put flesh on its bones.” (Citations omitted; emphasis
in original; internal quotation marks omitted.) Matusz v.
Wellmore Behavioral Health, Inc., 234 Conn. App. 581,
593–94, 344 A.3d 208, cert. denied, 353 Conn. 926, 345
A.3d 811 (2025); see Homebridge Financial Services,
Inc. v. Jakubiec, 223 Conn. App. 517, 543, 309 A.3d
1223 (“briefing is inadequate when it is not only short,
but confusing, repetitive, and disorganized” (internal
quotation marks omitted)), cert. denied, 349 Conn. 909,
314 A.3d 602 (2024); see also Speer v. Brown Jacobson
P.C., 233 Conn. App. 833, 838–39, 342 A.3d 1118 (2025)
(declining to review inadequately briefed claim when
plaintiff, who set forth relevant principles of law in appel-
late brief, did not provide any analysis applying those
principles to facts of case); Buchenholz v. Buchenholz,
221 Conn. App. 132, 142 n.6, 300 A.3d 1233 (declining
to review claim as inadequately briefed when brief was
“devoid of legal analysis or citation to legal authority as
to [the] claim”), cert. denied, 348 Conn. 928, 304 A.3d
860 (2023). Accordingly, we conclude that this claim is
inadequately briefed and decline to review it.14
14
Even if we were to review this claim, it would fail on its merits, as
the church has not directed this court to anything in the record evidence
that would lead us to conclude that the court’s finding that the church
did not meet its burden of proof of establishing its special defense of
equitable estoppel is clearly erroneous. See Fischer v. Zollino, 303 Conn.
661, 667–68, 35 A.3d 270 (2012) (“The party claiming estoppel—here,
the defendant—has the burden of proof. . . . Whether that burden has
been met is a question of fact that will not be overturned unless it is
clearly erroneous. . . . A court’s determination is clearly erroneous
only in cases in which the record contains no evidence to support it, or
in cases in which there is evidence, but the reviewing court is left with
the definite and firm conviction that a mistake has been made. . . . The
legal conclusions of the trial court will stand, however, only if they are
legally and logically correct and are consistent with the facts of the
case. . . . Accordingly, we will reverse the trial court’s legal conclu-
sions regarding estoppel only if they involve an erroneous application
of the law.” (Citation omitted; emphasis in original; internal quotation
65-99 Burban Associates, LLC v. New Antioch Church of God
The judgment is affirmed.
In this opinion the other judges concurred.
marks omitted.)). Our review of the transcript of the trial in this case
supports the court’s finding that “[t]he defendants ha[d] not produced
any evidence that the plaintiff should be estopped from pursuing this
summary process action.” “Although there are several distinct elements
to the defense [of equitable estoppel], ultimately equitable estoppel rests
on the misleading conduct of one party to the prejudice of the other . . .
[and] conduct which amounts to a false representation or concealment of
material facts, or, at least, which is calculated to convey the impression
that the facts are otherwise than, and inconsistent with, those whi