Williams v. Green Power Ventures, LLC

221 Conn.App. 657

303 A.3d 13

Davidson D. WILLIAMS et al. v. GREEN POWER VENTURES, LLC, et al.

AC 45623

Appellate Court of Connecticut.

Argued May 8, 2023

Officially Released September 26, 2023

Eric D. Grayson, Greenwich, for the appellants (plaintiffs).

Colin B. Connor, for the appellees (defendants).

Bright, C. J., and Elgo and Cradle, Js.

BRIGHT, C. J.

The plaintiffs, Davidson D. Williams and Barbara R. Williams, appeal from the judgment of the trial court on their complaint against the defendants, Green Power Ventures, LLC (Green Power), 141 Anchorage, LLC, Edward Stern and Amy Stern (Sterns), and Keith J. Manca Building Company, LLC (Manca Building), and on the counterclaim filed by Green Power and 141 Anchorage, LLC. The plaintiffs sought a declaratory judgment, injunctive relief, and damages for trespass and nuisance arising out of the defendants’ alleged interference with the plaintiffs’ use of a right-of-way easement over Green Power's property, which abuts 141 Anchorage, LLC's property. In their counterclaim, Green Power and 141 Anchorage, LLC, sought a declaratory judgment defining the permissible uses of the easement. In resolving the parties’ competing claims, the court concluded that the plaintiffs’ easement is limited to foot passage only, that the plaintiffs were not entitled to injunctive relief or attorney's fees, and that the plaintiffs were entitled to $500 as "token damages" on their nuisance claim. ¹

On appeal, the plaintiffs claim that the court improperly (1) concluded that their easement is limited to foot passage only, (2) found that the fence and gate that the defendants placed across the right-of-way did not constitute an unreasonable interference with the plaintiffs’ use of the easement, (3) found that the defendants did not engage in brazen and wanton conduct in connection with the planning, permitting, and development of their project that interferes with the plaintiffs’ use of the easement, and (4) failed to consider evidence that the defendants are altering the location and dimensions of the easement. We agree with the plaintiffs’ first claim and, accordingly, reverse in part the judgment of the trial court. ²

The record reveals the following relevant facts and procedural history. The plaintiffs own a parcel of land located at 140 Grovers Avenue in the Black Rock neighborhood of Bridgeport. The parcel is benefitted by an express easement over 145 Anchorage Drive in Black Rock, which is bounded by Anchorage Drive on the west and by the waterline of Black Rock Harbor on the east. 145 Anchorage Drive is owned by Green Power. 141 Anchorage, LLC, owns 141 Anchorage Drive, which is a wedge shaped parcel directly to the south of 145 Anchorage Drive. The eastern border of 141 Anchorage Drive fronts on the waterline of Black Rock Harbor, and the tip of the wedge borders the end of Anchorage Drive. 141 Anchorage Drive also is benefitted by an express easement over 145 Anchorage Drive, which is the same as the plaintiffs’ easement.

The Sterns directly or indirectly own or control both Green Power and 141 Anchorage, LLC. At present, Manca Building is constructing a large, waterfront residence on 141 Anchorage Drive, in which the Sterns intend to reside after completion. Manca Building erected a fence and gate along the western borders of 141 Anchorage Drive and 145 Anchorage Drive where those properties abut Anchorage Drive, thereby blocking the plaintiffs’ access to the right-of-way over 145 Anchorage Drive. The fence has signs that read "Keep Out" and "Private Property." The site plan for 141 Anchorage Drive includes a driveway over part of 145 Anchorage Drive with a motor vehicle gate and a pedestrian gate at the entrance to 145 Anchorage Drive, where the plaintiffs regularly had accessed the right-of-way. The intention of Green Power and 141 Anchorage, LLC, is to allow the Sterns to drive through the motor vehicle gate while restricting access for those who have a deeded easement over 145 Anchorage Drive to the pedestrian gate only. Prior to the defendants’ construction of the gate and fence, the plaintiffs and other easement holders traversed the length of 145 Anchorage Drive in motor vehicles, parked vehicles on the way, and used the right-of-way to store and launch boats, paddleboards, and kayaks, and to watch Fourth of July fireworks.

Prior to the 1920s, 140 Grovers Avenue and 145 Anchorage Drive were part of a single parcel of land owned by the Bridgeport Yacht Club (Yacht Club property), and 141 Anchorage Drive was part of a separate parcel of land known as "The Anchorage" (Anchorage property). ³ On March 2, 1918, Kenneth W. McNeil purchased the Anchorage property from J. Percy Bartram. On April 17, 1922, McNeil acquired the Yacht Club property "together with all buildings, piers and other structures that may be on said land; and also all the interest, rights and privileges in connection with said land, including the land below [the] high-water mark extending from said premises to the main channel of Black Rock Harbor." In connection with his development of the Yacht Club property, McNeil subdivided the parcel into thirteen lots depicted on a map titled, "Map No. 1 Property of Kenneth W. McNeil, Black Rock, Bridgeport Conn" (McNeil map), which was filed with the town clerk on November 5, 1923. See Appendix 1 to this opinion.

On the McNeil map, lot 13—now known as 145 Anchorage Drive—is a strip of land running from the end of Anchorage Drive to the waterfront, where a pier is shown extending into Black Rock Harbor. As found by the trial court, lot 13 "is approximately twenty feet in width on the western border, 400 feet long on the northern and southern borders, and sixty-six feet [wide] on the eastern border. The western border is bounded by Anchorage Drive. The eastern border is bounded by the waterline of Black Rock Harbor." Lots 1 through 12 on the McNeil map were single-family residential lots.

McNeil began conveying the residential lots in April, 1924, and continued to do so until December 31, 1926, at which time he conveyed the remaining unsold lots—lots 2, 3, 4, 5, 6 and 13—to the Black Rock McNeil Corporation (McNeil Corporation), of which he was the president. Lot 13 was conveyed "subject to certain rights of way and easements appurtenant to all lots shown on [the McNeil] map." The McNeil Corporation owned lot 13 until May, 2017, when Patrick Fenn purchased it at a public auction by the Bridgeport tax collector for delinquent taxes. In September, 2017, Fenn sold lot 13 to Green Power, subject to "[t]he rights of others to pass and repass over Lot No. 13 as granted by Deed of Easement dated January 10, 1928 and recorded in Volume 583, Page 487 of the Bridgeport Land Records. NOTE: This easement is an appurtenance to all Lots (Lots 1 through 12) as set forth on [the McNeil map]. (affects 145 Anchorage Drive)."

On June 10, 1927, the McNeil Corporation conveyed lot 4—now known as 140 Grovers Avenue—to Irene Wren Floeckher, the plaintiffs’ predecessor in interest, by warranty deed (Floeckher deed). The Floeckher deed granted an express easement providing: "That that part of the land designated as Lot No. 13 as delineated on [the McNeil] map shall remain open as a right of way for the use and benefit of the grantee as appurtenant to the land hereby conveyed in common with all other present and future owners of all the parcels of land as delineated on [the McNeil] map and also the land described in a certain deed recorded in Volume 430, Pages 272–[7]3 of said Land Records." The Floeckher deed also provided "[t]hat that part of the land on [the McNeil] map designated as Anchorage Drive shall remain open for appropriate street purposes and user ⁴ for the use and benefit of the grantee as appurtenant to the land hereby conveyed, in common with all other present or future owners, of all the parcels of land as delineated on [the McNeil] map and also the land described in a certain deed recorded in Volume 430, Pages 272–[7]3 of the Bridgeport Land Records." (Footnote added.) The grants of easements in the Floeckher deed are referenced in all deeds thereafter conveying ownership of 140 Grovers Avenue. On November 23, 1987, Davidson Williams purchased 140 Grovers Avenue, conveyed by warranty deed, and, in December, 1996, he quitclaimed the property to himself and his wife, Barbara Williams.

The property located at 141 Anchorage Drive was not part of the McNeil map subdivision, as it remained an undivided part of the Anchorage property. On or about May 9, 1927, McNeil subdivided the Anchorage property into two parcels. He conveyed the larger of the two parcels to Robert S. Hincks and retained for himself the smaller parcel, known today as 141 Anchorage Drive. See Appendix 2 to this opinion. On January 10, 1928, McNeil, as president of the McNeil Corporation, executed a "Deed of Easement" conveying to McNeil and his heirs and assigns, "the perpetual right, privilege and easement of using ... those certain parcels of land ... designated as Anchorage Drive and Lot No. 13 as delineated on [the McNeil map] ...." ⁵ Floeckher and the owners of the other lots depicted on the McNeil map signed the deed as cograntors of the easement. The deed provided in pertinent part: "That the parcel of land designated as Anchorage Drive shall be for appropriate street purposes and user and that the parcel of land designated as Lot No. 13 shall be a right of way for the use and benefit of said Grantee, his heirs and assigns, as an appurtenance to all or any part or parts of that portion of that certain parcel of land described in that certain deed to said Kenneth W. McNeil dated March 2nd, 1918 and recorded in Volume 380 Pages 341 and 342 of the Bridgeport Land Records, which is still owned by said Grantee, in common, however, with all the present and future owners of all the parcels of land as delineated on the [McNeil] map hereinbefore referred to." ⁶ This deed of easement is referenced...