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

 

AC46455 - Walters v. Servidio ("In this land use dispute concerning whether the plaintiffs, Frederick J. Walters, Susan M. Walters, Michael S. Mason, and Michele A. Mason, have an easement over an approximately forty-four foot long by forty foot wide dirt section of a private road between 22 Ridge Street and 33 Cognewaugh Road in the Cos Cob section of Greenwich, known as the disputed area, the plaintiffs appeal from the judgment of the trial court rendered in favor of the defendants, Francesco G. Servidio and Rita Servidio. On appeal, the plaintiffs claim that the court improperly determined that (1) they could not prevail on their claims of (a) express easement, (b) easement by implication, and (c) obstruction of a purported easement, and (2) the defendants prevailed on their counterclaims of (a) trespass, (b) (1) slander of title, and (b) (2) a violation of General Statutes ยง 47-41. We agree only with the plaintiffs' claim concerning slander of title and, accordingly, reverse in part and affirm in part the judgment of the trial court.

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The judgment is reversed only with respect to the counterclaim of slander of title and the case is remanded with direction to render judgment in favor of the plaintiffs on that counterclaim; the judgment is affirmed in all other respects.")