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


AC44731 - Freidheim v. McLaughlin ("In this action concerning a dispute between the plaintiff, Stephen C. Freidheim, and the defendant adjoining landowners, Edward F. McLaughlin, in his capacity as trustee for the Edward F. McLaughlin Revocable Trust (trust), and Patricia Ann McLaughlin, regarding an alleged view easement, the plaintiff appeals from the summary judgment rendered by the trial court in favor of the defendants on all five counts of the plaintiff's complaint. On appeal, the plaintiff claims that the court improperly (1) granted the defendants' motion for summary judgment after determining that the plaintiff had established the existence of a view easement that was being obstructed by the defendants, (2) misapplied the scope of the view easement restrictions when it determined that those restrictions applied only to a fence or hedge along the boundary line between the parties' properties, (3) determined that the plaintiff's claim that a 'pool changing/utility outbuilding' (pool house) on the defendants' property violates an outbuilding restriction of the view easement was barred by the statute of limitations in General Statutes § 52-575a and (4) rendered summary judgment in favor of the defendants as to count three of the complaint, which alleges a violation of General Statutes § 52-570 for malicious planting of hedges that exceed a five foot height restriction of the view easement, and as to count four, which seeks injunctive relief pursuant to General Statutes § 52-480 related to the malicious planting of the hedges. We affirm the judgment only with respect to the court's determination that a view easement exists. We reverse the summary judgment rendered in favor of the defendants in all other respects and remand the case for further proceedings.")