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Frimberger v. Anzellotti

Connecticut Appellate Court
594 A.2d 1029 (1991)


Facts

DiLoreto owned property adjacent to a wetlands area. He built a bulkhead and filled a portion of the land, and built a house on the property. He later conveyed the land to Frimberger (defendant), who sold the land to Anzellotti (plaintiff) by warranty deed, free of encumbrances but subject to zoning and building restrictions. Anzellotti undertook repairs to the bulkhead and filled areas of the property. Because the land was governed by state laws governing wetlands, he engaged several engineers to assess the land. He discovered that the filled and bulkheaded portion of the land, as well as part of the house, were unlawfully abutting the wetlands. The engineers advised Anzellotti that the violation could be remedied if he filed an application explaining why the bulkhead and fill were necessary. Instead of filing this application, Anzellotti sued Frimberger alleging breach of warranty against encumbrances. The trial court found in favor of Anzellotti and awarded him damages of $47,792.60, which included the cost of correcting the violation and the diminution in value of the property due to the violation. Frimberger appealed.

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Issue

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Holding and Reasoning (Lavery, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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