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Property Law Appellate Court Opinion

by Zigadto, Janet


AC43487 - Briarwood of Silvermine, LLC v. Yew Street Partners, LLC (Adverse possession, quiet title, trespass, motion to dismiss; "In this adverse possession action, the plaintiffs, Briarwood of Silvermine, LLC (Briarwood), and Ganga Duleep, appeal from the judgment in favor of the defendants, Yew Street Partners, LLC (Yew Street), and Juliann Altieri, rendered by the trial court after it granted the defendants' motion to dismiss, which was made orally pursuant to Practice Book § 15-8, after the plaintiffs had rested their case-in-chief, and on the counts of the defendants' counterclaims seeking to quiet title and for trespass. On appeal, the plaintiffs claim that the court erred by (1) dismissing their claims pursuant to § 15-8, (2) rendering judgment in favor of Yew Street on its counterclaim seeking to quiet title, and (3) rendering judgment in favor of Altieri on the count of her counterclaim for trespass. Because we conclude that the trial court incorrectly applied the law of adverse possession when determining whether the plaintiffs established a prima facie case of adverse possession, we reverse the judgment of the court.")