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.

Property Law Appellate Court Opinion

by Zigadto, Janet


AC42644 - Pimental v. River Junction Estates LLC (Quiet title; public highway; common-law theory of dedication and acceptance; "In Connecticut, one method of establishing a public highway is through the common-law theory of dedication and acceptance. See Montanaro v. Aspetuck Land Trust, Inc., 137 Conn. App. 1, 10, 48 A.3d 107, cert. denied, 307 Conn. 932, 56 A.3d 715 (2012). This appeal concerns the trial court's determination that the defendant River Junction Estates, LLC (River Junction), failed to prove, pursuant to such theory, that a portion of Starr Road in the town of Thompson (town), i.e., from approximately 0.15 miles beyond Starr Road's intersection with New Road to the Rhode Island state border (disputed portion), is a public highway. River Junction appeals from the judgment of the trial court, rendered following a trial to the court—in favor of the plaintiffs, Donald Pimental, Melissa Pimental, Jayson Livingstone, and Gail Livingstone, as well as the defendant town—on the plaintiffs' claim to quiet title to the disputed portion of the road. River Junction's primary claim on appeal is that the court erred in failing to find a manifested intent by the owner of the fee to dedicate the disputed portion of Starr Road to public use. Because we disagree with River Junction's primary claim, which is dispositive of this appeal, we affirm the judgment of the trial court.")