RUSSELL JORDAN ET AL.
JON D. BILLER ET AL.
May 16, 2018
to recover damages for, inter alia, trespass, and for other
relief, brought to the Superior Court in the judicial
district of Waterbury, where the court, Brazzel-Massaro,
J., granted the plaintiffs' motion to transfer to
the judicial district of Middlesex; thereafter, the court,
Aurigemma, J., granted the defendants' motion
for nonsuit for failure to plead; subsequently, the court,
Aurigemma, J., set aside the entry of nonsuit;
thereafter, the defendants filed a counterclaim for, inter
alia, injunctive relief; subsequently, the matter was tried
to the court, Aurigemma, J.; judgment for the
plaintiffs, from which the defendants appealed to this court;
thereafter, the court, Aurigemma, J., denied the
plaintiffs' motion for reconsideration as to damages, and
the plaintiffs cross appealed to this court; subsequently,
the plaintiffs withdrew their cross appeal.
L. Dowd, with whom were Brendon P. Levesque and, on the
brief, Joseph Musco, for the appellants (defendants).
S. Doyle, for the appellees (plaintiffs).
Keller, Prescott and Bright, Js.
defendants, Jon and Jacqueline Biller, appeal from the
judgment of the trial court in favor of the plaintiffs,
Russell Jordan and Lorraine Jorsey. The defendants claim that
the court improperly determined that a view easement granted
to previous owners of their property was not appurtenant to
their land. The defendants also claim that the court erred in
awarding the plaintiffs damages. We affirm the judgment of
the trial court.
following facts, as found by the court, are relevant to our
resolution of the defendants' appeal. The plaintiffs'
property, on the bank of the Salmon River, is locatedat2Cove
Road, East Haddam. The defendants are the owners of 6 Cove
Road, which abuts the plaintiffs' property.
memorandum of decision, the court stated: ‘‘The 2
Cove Road property was part of a 101 acre parcel of land . .
. owned by Paul and Mary Campbell . . . .
and Mary Campbell] lived in a ranch house at 6 Cove Road on
the 101 acre parcel of property. In 1986, Paul and Mary
Campbell sold the house [along] with [eighty-nine] acres of
that property to Damon and Brian Navarro, who were real
estate developers.'' The Campbells retained 2 Cove
Road, which was the remainder of their original 101 acre
property, located along the Salmon River. The court further
found: ‘‘During the negotiations to purchase the
property from the Campbells, Damon and Brian Navarro asked
the Campbells to grant them a view easement over [2 Cove Road
to benefit] 6 Cove Road. Richard Shea, Jr., the Navarros'
counsel, requested language in the purchase and sale contract
for the property, which provided that the view easement would
run with the property and be binding upon the [Campbells'
(sellers')] heirs, successors, and assigns. The Campbells
refused to grant a view easement which ran with the property,
or bound their successors or assigns. The sales contract, or
bond for deed, dated June 23, 1986, stated: ‘This right
is personal to the buyers and the spouses of the buyers.'
Campbells conveyed the property via warranty deed to Damon
and Brian Navarro on September 25, 1986. At the same time the
parties executed a document [titled] License and View
Easement, which provides, in pertinent part:
‘This agreement is made and entered into [on September
25, 1986], by and between Paul J. Campbell and Mary E.
Campbell, both of the town of Punta Gorda . . . Florida,
hereinafter referred to as ‘‘Sellers, ''
or ‘‘Owners'' and Damon Navarro, of the
town of Marlborough . . . Connecticut, and Brian Navarro, of
the town of Hartford . . . Connecticut, hereinafter referred
to as the ‘‘Buyers'' or
‘2. View Easement: Sellers also hereby grant to the
Buyers the right to thin and trim the trees on the land
retained by the Sellers lying west of the land purchased by
the Buyers to permit a view of Salmon Cove from the ranch
house on the land purchased by the Buyers. The area in which
the Buyers shall have such right is on that portion of [the]
Sellers' retained land which lies between the extension
westerly of the northerly and southerly boundary lines of the
meadow as the same is now constituted on the land purchased
by the Buyers, which meadow lies to the west of said ranch
house and is approximately  feet in width from its
northerly to its southerly boundary lines. The Buyers hereby
agree to bear the total cost of such tree trimming and tree
removal, to perform or have performed the work in a good and
workmanlike manner, and to remove or have removed any wood
resulting from the thinning and/or trimming from the
Sellers' land immediately after the said thinning and/or
trimming. It is strictly agreed and understood, however,
that no thinning and/or trimming shall be performed without
the agreement of the Sellers, which agreement shall not be
unreasonably withheld.' '' (Emphasis in
original.) This license and view easement was recorded in the
East Haddam land records in Volume 219, Page
court stated further: ‘‘Damon and Brian Navarro
subdivided the property [that they purchased from the
Campbells] as part of a subdivision known as Scoville
Landing.In1989, Damon and Brian Navarro quitclaimed a thirty
acre portion of the property identified as Lot 19 of Scoville
Landing to Anne Navarro. In 1992, Anne Navarro sold that
property to Rolf H. Olson and Sioux S. Olson by a warranty
deed. . . . [T]he warranty deed contained the
property description which referred to the property as 6 Cove
Road and included the following language after the property
description: ‘Together with any and all assignable
rights of Grantor to a license and view ...