(DOWNLOAD) "Powers V. Olson" by Connecticut Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Powers V. Olson
- Author : Connecticut Supreme Court
- Release Date : January 11, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The dispositive issue in this appeal is whether the trial court improperly determined that the plaintiff had actual and constructive notice of the slope rights affecting his property. We conclude that the trial court improperly determined that the plaintiff, Paul D. Powers, had such notice of the slope rights affecting the property in question. We further conclude that by granting permission to the defendant, Edward Olson, Jr., to enter the plaintiff's property for purposes of exercising slope rights, the trial court improperly adjudicated rights that rightfully can be exercised only by the town of Rocky Hill (town), which was not a party to this action, and has not at any time asserted any claims against either the plaintiff or the defendant. In so doing, we conclude that the trial court improperly cloaked the defendant with rights that could belong only to the town, which have not been properly raised in the present case. We also conclude that the trial court properly found that the defendant did not possess any reservation of slope rights to the plaintiff's property and that the defendant properly was found to be responsible for damage to the plaintiff's trees and property. We further conclude that the trial court improperly granted the defendant permission to enter the plaintiff's property in order further to comply with the subdivision plan. Accordingly, we reverse the judgment of the trial court in part and affirm the judgment of the trial court in part.
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