Frimberger v. Anzellotti

594 A.2d 1029 (1991)

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Frimberger v. Anzellotti

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

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Facts

Paul DiLoreto owned property adjacent to wetlands. DiLoreto built a bulkhead and filled a portion of his land, then built a house. DiLoreto later conveyed the property to his sister, Dolinka Anzellotti (defendant). Anzellotti was unaware that the former developments were conducted without the permits required due to the adjacent wetlands. Anzellotti sold the property to Martin Frimberger (plaintiff) by warranty deed covenanting that the property was free of encumbrances. When Frimberger began repairs to the bulkhead and filled areas, he discovered that both those areas and part of the house were unlawfully encroaching on the wetlands. The state department of environmental protection (DEP) advised Frimberger that the violation could be remedied if he filed an application explaining why maintaining the bulkhead and fill was necessary. Instead of filing an application, Frimberger sued Anzellotti alleging, among other things, breach of the warranty against encumbrances. The trial court found in Frimberger’s favor and awarded damages. Anzellotti appealed.

Rule of Law

Issue

Holding and Reasoning (Lavery, J.)

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