AC46449 - Whelan v. Brestelli ("In this action alleging, inter alia, the breach of a settlement agreement resolving disputes between abutting lakefront property owners, the defendants Christopher Brestelli and Virginia Brestelli (Brestellis) appeal, following a bench trial, from the judgment of the trial court rendered against them in favor of the plaintiffs, Benjamin Whelan and Alyson Whelan (Whelans), and from the court's subsequent award of costs and reasonable attorney's fees to the Whelans. The Brestellis claim that the court improperly (1) determined that they breached their settlement agreement with the Whelans; (2) found that they had erected a so-called 'spite fence' in violation of General Statutes §§ 52-480 and 52-570; (3) allowed the Whelans to amend their complaint during trial to add an additional count sounding in breach of the implied covenant of good faith and fair dealing; (4) rendered judgment in favor of the Whelans for breach of the implied covenant of good faith and fair dealing; and (5) exceeded the scope of the parties' settlement agreement by awarding attorney's fees and costs to the Whelans. We disagree and, accordingly, affirm the judgment of the court.")