In American Premier Underwriters, Inc. v. National Railroad Passenger Corp., 47 Conn. App. 384, 704 A.2d 243 (1997), cert. denied, 244 Conn. 901, 710 A.2d 174 (1998) the trial court looked to the plaintiff's complaint and found that each count relied on a threshold determination by the Special Court, a court that had been created by an act of Congress relative to the restructuring of rail service in the Northeast. 47 Conn. App. at 386.
The trial court found that "an essential element of the causes of action pleaded by the plaintiff in its five count complaint had not been determined . . . ." Id., 389.
Because the Special Court had not decided the threshold issue at the time the trial court heard the motion to dismiss, the claims at issue in the trial court could not have been determined. Id. The trial court, therefore, found that "because the issue before the Special Court had not been resolved, the matter in controversy [before the trial court was incapable] of being adjudicated by judicial power"; (internal quotation marks omitted) id., 390; and the plaintiff's claims were not ripe and not justiciable.