The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Land Use Law Supreme Court Opinion

by Roy, Christopher


SC19797 - Lyme Land Conservation Trust, Inc. v. Platner ("This case raises the questions of whether a conservation restriction on private property was violated by the owner of that property and, if so, whether the remedies ordered by the trial court were proper. The defendant Beverly Platner appeals from the judgment of the trial court awarding legal and equitable relief to the plaintiff Lyme Land Conservation Trust, Inc., after concluding that the defendant had violated a conservation restriction granted to the plaintiff by a former owner of the defendant’s property. The defendant claims that the trial court improperly found violations of the conservation restriction by misinterpreting it and improperly ordered relief that was either legally unauthorized or lacking in evidentiary support. We agree with the trial court’s interpretation of the conservation restriction and its consequent finding that the defendant had violated it in multiple respects, and we see no impropriety with respect to the portion of the court’s judgment awarding the plaintiff equitable relief. We agree with the defendant, however, that the court’s award of punitive damages was noncompliant with the authorizing provision, General Statutes § 52-560a (d), and that its award of attorney’s fees, in one respect, was improper. Accordingly, we affirm in part and reverse in part the judgment of the trial court.")