Logourl black
From our private database of 14,200+ case briefs...

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.

Rule of Law

Issue

Holding and Reasoning (Lavery, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.