Leabo v. Leninski

438 A.2d 1153 (1981)

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Leabo v. Leninski

Connecticut Supreme Court
438 A.2d 1153 (1981)

EC

Facts

An estate was subdivided into six lots. The estate also owned a private road, Walden Hill Road. Additionally, the estate owned a nearby 2.23-acre parcel of land, which included a beach. The six lots and Walden Hill Road were all sold to Falcon, Inc., with the deed giving Falcon and its successors the right to use the beach. Karl Leabo (plaintiff) was one of Falcon’s successors. Steven Leninski (defendant) purchased the 2.23-acre parcel. Leninski opened the beach to the public. Even though the beach was not large, thousands of people began using it. Leabo sued. Leabo claimed that, by opening the beach to the public, Leninski had materially interfered with Leabo’s easement right to use the beach. The lower court granted injunctive relief against Leninski. Leninski appealed.

Rule of Law

Issue

Holding and Reasoning (Bogdanski, J.)

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